Teen convict’s mother cries for justice

Court marshals Thursday restrained teen convict Mussa John’s mother from advancing towards High Court of Malawi Judge Vikochi Chima who trimmed her son’s custodial sentence from eight to three years.

Immediately after the judge delivered her ruling, John’s mother Rita Chinthenga jumped from her seat in the courtroom and moved towards the judge’s bench, crying at the top of her voice that justice had not been served on her son convicted for possessing Indian hemp, locally known as chamba, without a permit.

The visibly heartbroken mother demanded the immediate release of her son and offered to serve his three-year custodial sentence instead.

Chinthenga said: “Chilungamo chakanika chifukwa ndife amphawi? Mwana wanga ndi osalakwa. Kuli bwino munditenge ine, uyu azikasamala abale ake [We have been denied justice because we are poor? My son is innocent. Take me to prison instead so that he should be fending for his siblings].”

Outside the courtroom, some of John’s sympathisers also demanded Malawi Prison Services warders to free the convict.

It took one of John’s lawyers, Alexious Kamangira, to plead with them to calm down, saying their action would affect his client’s case.

The court’s decision followed a review of John’s file at the magistrate’s court after acting chief resident magistrate (South) Chisomo Msokera recommended the same.

Delivering the ruling in Blantyre on Thursday, Chima observed that the initial sentence handed to John by Limbe senior resident magistrate Byson Masonga on June 24 2022 would have stood if the convict was above 21.

She said: “But the accused is quite young. He is only 19. On the basis that he is a teenager, the sentence has been reduced to three years imprisonment.”

In an interview after the ruling, Chikondi Chijozi, another lawyer representing John, expressed disappointment with the outcome.

She said considering John‘s age, the court should have at least given him a non-custodial sentence.

Chijozi said: “For us this is very disappointing. We are definitely going to appeal the decision of the court. We still feel that there are other issues which the court should have taken into consideration, both in terms of conviction as well as the sentence.”

John was arrested and sentenced in June for the offence that contrives Regulation 4(a) of the Dangerous Drugs Regulations as read with Section 19(1) of Dangerous Drugs Act.