The 81-year-old man has chosen to withhold his testimony in his defense after a magistrate determined that he had a case to answer for trafficking 68 grams of marijuana.
Tie Mwape of Mwape of Kavuma Village in the Waterfalls area informed Lusaka Chief Resident Magistrate Davies Chibwili through his Legal Aid Board attorneys that he will not speak and that he will not bring witnesses to support him.
The accused has the constitutional right to decide to do so after being found to have a case to answer; the judgment has been set for January 18, 2023.
Mwape of Kavuma Village in the Waterfalls area is accused of engaging in unauthorized drug trafficking.
It is alleged that on November 26 of this year, Mwape engaged in the unauthorized trafficking of 63 grams of marijuana, a herbal product of the cannabis sativa plant.
The elderly man entered a not guilty plea, and the prosecution called roughly five witnesses.
There is proof that the police were looking into a case where Mwape was allegedly in possession of stolen stuff during the relevant times.
Officers conducting the investigation found 10 twisted paper balls containing possible psychoactive drugs on a chair in one of the rooms of the man’s home.
They also discovered a plastic bag that contained what was thought to be a psychoactive chemical inside of a twisted paper ball.
Mwape was held at the Holston Police Station after the 11 paper balls and plastic bag carrying possible psychoactive drugs were taken from the accused.
He was charged with the crime of having psychotropic drugs in his hands, and the Drug Enforcement Commission (DEC) was notified to conduct additional research.
The court determined that a prema facie case had been established against Mwape after hearing from every witness.
The magistrate Chibwili’s decision ruled that the prosecution had made a prima facie case against the defendant.
I am satisfied that the case has been made out sufficiently to put the accused on his defence,” the magistrate said and placed Mwape on his defence.
However, the accused would use his constitutional rights to remain silent and not summon any witnesses, defense attorneys informed the court.
In addition, following the verdict, Rastafarians and reggae musician Maiko Zulu argued that the law should be changed to allow for the responsible use of marijuana rather than its abuse. They were joined in their remarks by Mwape’s wife Tisaine.
We continue giving solidary. As law reforms are going on, we have seen the President abolish the death penalty, we have seen the President abolish the defamation of the President law.
“So, we are calling on the President to look at the marijuana laws aswell, these are the colonial laws that we need to forego,” Mr Zulu said.
However, the accused would use his constitutional rights to remain silent and not summon any witnesses, defense attorneys informed the court.
In addition, following the verdict, Rastafarians and reggae musician Maiko Zulu argued that the law should be changed to allow for the responsible use of marijuana rather than its abuse. They were joined in their remarks by Mwape’s wife Tisaine.
