AMID smiles while thanking God, 81-year-old Tie Mwape has been acquitted in a case he was charged with trafficking in psychotropic substances, a non bailable offense.
After being in custody since November last year, Mwape was set free by Lusaka magistrate Davies Chibwili after finding him not guilty of trafficking in 68 grammes of marijuana.
The court found that the prosecution team failed to establish the exact quantity of the marijuana found on him.
Further, the court found that it was not determined as required by law whether the marijuana found with the accused had more than 0.3grammes of over 0.3 percent of Delta-9-tetrahydrocannabinol (THC).
Tetrahydrocannabinol is the principal psychoactive constituent of cannabis.
The accused was charged with trafficking in psychotropic substances without authority, allegations which happened on November 26 last year at the accused’s house in Kavumba Village, Waterfalls, Lusaka.
When taken to court, the accused admitted but later changed his plea at the advice of Legal Aid Board lawyers Douglas Njolomba and Petronella Kafumbe.
Evidence, adduced by four witnesses, is that on the material day, Chelstone Police Station officers were investigating a case of possession of suspected stolen property.
The officers were led by a suspect to Mwape’s house to check for the suspected stolen goods but the search did not yield results.
However, during the search, the police officers found some suspected drugs in the accused’s house.
But during the search, the investigators discovered 11 balls of suspected marijuana, a development which prompted them to apprehend Mwape.
The police officers later handed over Mwape to the Drug Enforcement Commission for further investigations in connection to with suspected drugs found at his house.
But during trial, the court heard that the public analyst did not conduct a test to find out if the 68grammes of marijuana had over 0.3 percent of Delta-9-tetrahydrocannabinol (THC) as required by law.
The court also heard that the quantitative value of the drugs was not proved on grounds that there is not equipment to use for the same.
Delivering judgement, magistrate Chibwili found that the prosecution did not prove beyond all reasonable doubt two important elements of determining the weight and percentage of THC.
He acquitted the accused and reminded him that his release was based on technicality because the drugs were found with him.
“It is not that you were not found with the psychotropic substance, it is just that the state did not establish certain ingredients,” magistrate Chibwili said.
Outside court, Mwape, who was represented by Legal Aid Board lawyers Petronella Kafumbe and Douglas Njolomba, smiled as he was embraced by a horde of sympathisers.
He told journalists he was grateful to God for being released and happy to go back home.
