MULENGA MUSONDA writes
A 26 years old man who was walking on a tightrope with a possibility of serving not less than 10 years in Jail if convicted of trafficking in Marijuana for the second time walked to freedom after the state failed to mend holes in their case.
Purity Simudombwe could mot hold her joy in Court after the Magistrate pronounced that her husband Tineli Phiri was innocent and had to be set free forthwith.
In this matter, Phiri stood charged with trafficking in Psychotropic Substances contrary to the Laws of Zambia.
Allegations were that, the accused person on August 19, trafficked in 52.3 grammes of Marijuana a herbal product of Cannabis Sativa without lawful authority or medical recommendation.
When the matter came up for judgement before Court, Senior Resident Magistrate Idah Mupemo acquitted the accused person after establishing that the State had failed to prove its case to the required standard that would warrant a conviction.
In acquitting Phiri, the Court observed that the apprehension was done at a Market place where there were a lot of people but the State only called two witnesses to rebut the evidence of the accused.
Magistrate Mupemo further stated that there was no corroborating evidence to support that of the person who apprehended Phiri, and such she felt it was not safe to convict.
She thus acquitted Phiri who was in a dexterous state and sent him home rather than the High Court where he could have received not less than 10 years.