Senior Legal Aid Advocate Blessings Mkopoliwa with Banda after Court
Aged 25 in 2020, Gresham Banda was involved in a relationship with a girl then aged 15 years. The affair grew and the two got together and started staying as a couple. Following the same, Banda was arrested in the same year 2020 in October, for the offence of defilement.
He was tried before Mzimba First Grade Magistrate Court which held him responsible. Banda was accordingly convicted and sentenced to 14 years and 6 months Imprisonment with Hard Labor (IHL).
The matter was later set for confirmation before the High Court sitting in Mzimba, and the reviewing Judge gave a directive that the sentence should be enhanced.
During the confirmation proceedings, the State argued that the sentence imposed by the trial Court was not adequate and that the Court should scale up the sentence.
Being represented by Legal Aid Bureau through Senior Legal Aid Advocate Blessings Mkopoliwa, it was argued that the parties were in a relationship and there was no violence in the manner of commission of the offence. There was no abuse of power in the circumstances.
In making the argument, reliance was made on the case of The Republic vs Timothy Mathias that the Court should exercise leniency and even discharge the convict. Based on the arguments made by the counsel from the Bureau, Justice Gladys Gondwe was persuaded by the decision of Timothy Mathias and reduced the sentence to 5 years IHL.
It is expected that Gresham Banda will be released as soon as possible because during his time in incarceration, there have been two instances where inmates that were serving their sentences were accorded a reduction to their sentences with 6 months. Banda is a beneficiary of the reductions and he is likely to be released any day.
- 43 views