John Mussa back in court today

John Mussa

John Mussa who was convicted and sentenced harshly for being found in possession of 134 kilograms of Indian Hemp popularly known as Chamba gets to see another day in court today. 

Mussa was sentenced to a custodial sentence of eight years by the Magistrates Court.

Lawyer Alexious Kamangila has filed for a judicial review to the High Court of Malawi in Blantyre and the matter will be heard today.

In his filing, Kamangila has asked the court for bail while awaiting the courts reviews.

Mussa is expected to argue he did not have legal representation during the conviction.

Through Kamangila, Mussa is expected to also argue his age was manipulated.

His mother claims Mussa is 17 years of age and not 19 years as the Prosecution told the court.

The grounds for the review are therefore that John is a child and it is illegal to keep him in prison.

It has transpired from Kamangira's meeting with Mussa and his mother's testimony that he is 17 years and not 19 as the State claimed in their charge sheets.

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Kamangila: filed for bail pending review 

"I was in shock how young he looked only to be vindicated that he is actually 17 years and not 19 years as earlier reported."

He also explained the story of the Hemp not even being his, didn't surprise him.

Kamangila noted: "He was prosecuted using a defective charge sheet in that what he was charged with and what he was convicted on are different legislations.”

Social media went up in arms calling for justice to the first offender on the premise that another convict, Castel boss Herve Milhade was only given a fine of K1 million to evade 12 months jail time.

Kamangila said: "The Criminal Injustice System in Malawi is real. The Poor are the victims yet the majority of Malawians are poor. So majority of us are victims, just waiting for our turn."

He chided the Police and Judicial Officers to start being held accountable for their role in perpetrating injustice.