Pubdate: Sun, 06 Jun 2004
Source: Post, The (Zambia)
Copyright: Post Newspapers 2004
Contact:  http://www.zamnet.zm/zamnet/post/
Details: http://www.mapinc.org/media/3160
Author: Noel Sichalwe

LUSAKA MAN JAILED 15 YEARS FOR TRAFFICKING IN COCAINE

LUSAKA High Court judge Gregory Phiri on Friday sentenced a 56-year-old 
Lusaka resident to 15 years from the earlier seven years for trafficking in 
cocaine following a failed appeal.

This was in a case in which Ibrahim Bhana appealed to the High Court 
against the seven years sentence he was given by the magistrate's court for 
drug trafficking.

Bhana is alleged to have placed 0.378 grammes of cocaine in bread and sent 
one of his female colleagues to take it to two prisoners who were also 
convicted of drug trafficking offences at Lusaka Central Prison.

Delivering the judgment, judge Phiri said the seven year jail sentence 
meted out by the trial magistrate was too lenient considering the 
circumstances surrounding the offence and substituted the earlier sentence 
with the maximum 15 years.

Judge Phiri said prisons were confined places where society expected 
offenders to reform and became law-abiding citizens for the betterment of 
the community.

"We all expect to have a better country when prisoners reform," he said. 
"Taking a hardcore prohibited drug like cocaine, in whatever quantity, to 
inmates in prison for their use is the most aggravating fact in the entire 
regime of the drug offences. In this particular case, the cocaine was taken 
to two particular inmates who are on record of having been incarcerated on 
drug related offences. The facts are extreme in themselves such that a 
sentence of seven years is manifestly inadequate that it induces a sense of 
shock."

"The circumstances are so extreme and uncommon calling for an equally 
extreme and uncommon punishment. For this reason, I quash the sentence of 
seven years and in its place I will inflict the severest offence of 15 
years imprisonment with hard labour. Since the appellant has been on bail 
pending appeal, the sentence shall run with effect from the date of being 
re-admitted into custody. For this purpose, bail pending appeal is revoked 
and a warrant of arrest shall be issued forthwith."

Bhana's lawyer Robert Simeza argued that the trial magistrate erred in law 
by convicting their client on uncollaborated evidence and basing it on 
circumstantial evidence.

He urged the court to acquit Bhana.

However, judge Phiri dismissed all the grounds of appeal.
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