By Chisomo Phiri
The High Court sitting in Zomba has released Liasan Thomas, an 18-year-old boy, who was convicted and sentenced to 10 years imprisonment by the Phalombe Magistrate Court.
The Phalombe Magistrate Court convicted Thomas for defiling a 16-year-old girl in May 2023.
According to the lower court’s records, Thomas was in a relationship with the girl, who was a fellow student.
He was caught in her bedroom by her uncle, leading to his conviction.
Thomas sought legal aid to appeal the conviction and sentence.
Senior Legal Aid Advocate Alfred Masamba and Assistant Legal Aid Officer Sinthani Sisya represented him in the appeal.
The Bureau argued that the age disparity, relationship, and comparable case authorities should have been considered, and that the Magistrate erred in law by imposing a 10-year sentence.
The Magistrate’s error was due to the fact that Thomas and the victim were in a relationship, and there was no abuse or force used.
The age gap between them was only two years, and comparable cases from the High Court have argued against punishing young convicts in similar circumstances.
Thomas had pleaded guilty to the offence in the lower court.
The Bureau requested the Court to apply Section 337(1)(b) of the Penal Code and discharge Thomas, which the Court agreed to, releasing him after more than a year in prison.
