Pubdate: Thu, 14 Jul 2005
Source: Times Of Zambia (Zambia)
Copyright: 2005 Times Of Zambia
Bookmark: (Cannabis)


FORMER Zambia Export Growers Association (ZEGA) chairman, Sydney 
Chileshe has urged the Supreme Court to quash the proceedings of the 
High Court because they were unfair and a gross miscarriage of justice.

Chileshe, 49, was last year sentenced to 10 years with hard labour by 
Lusaka High Court Judge Justice Charles Kajimanga after reviewing the 
case in which he was convicted and fined by a lower court.

The lower court had given Chileshe a suspended sentence and fined him 
K5 million after convicting him of four counts of trafficking and 
cultivation of marijuana, unlawful possession of firearm and unlawful 
possession of 18 rounds of ammunition.

But in his heads of argument in the Supreme Court, through his lawyer 
Bonaventure Mutale, Chileshe states that the proceedings of the High 
Court were unfair and resulted in gross miscarriage of justice, a 
material irregularity which should justify the quashing of the proceedings.

He submitted that the Judge misdirected himself in law when he 
purported to combine a review, a case stated and an appeal contrary 
to the mandatory provisions of the Criminal Procedure Code (CPC).

Chileshe submitted that a perusal of the case was a serious 
misunderstanding or confusion between the Judge, defence counsel and 
the state advocate as to whether the matter was an appeal, a review 
or a case stated, thereby resulting in a substantial miscarriage of 
justice occasioned to him.

He told the court yesterday that Section 338(3) and 349 of the CPC 
did not allow the combining of an appeal, a case state and a review 
and that the Judge appeared to have disregarded that.

Chileshe also said the Judge erred in law when he purported to impose 
a sentence greater than that which the trial court could have 
completely imposed.

He added that the Judge was wrong in principle as he failed to credit 
him for pleading guilty, being the first offender and suffering 
forfeiture of reality.

He further told the court that he received flawed advice from his 
defence counsel at the time to plead guilty to the charge of 
trafficking, as the indictment did not disclose any offence and 
resulted in gross injustice to him.

Judgment was reserved.
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