High Court overturns sentence of 18-year-old defilement convict

The High Court sitting in Zomba has overturned the conviction and 10-year prison sentence imposed on Liasan Thomas, an 18-year-old previously convicted by the Phalombe Magistrate Court for defilement. Thomas was initially sentenced in May 2023 for the offense involving a 16-year-old girl.

According to court records, Thomas and the girl, who were both students, were in a relationship when the incident occurred. The boy was apprehended by the girl’s uncle in her bedroom. Despite the nature of the relationship, the lower court ruled against Thomas, leading to his 10-year sentence.

Seeking justice, Thomas obtained legal aid to appeal the conviction. Senior Legal Aid Advocate Alfred Masamba, supported by Assistant Legal Aid Officer Sinthani Sisya, represented him during the appeal. The Bureau argued that several factors were overlooked, including the minor age disparity between Thomas and the victim, their relationship, and precedents set in comparable cases. The Bureau contended that the magistrate’s decision to impose a 10-year sentence was excessive given the circumstances.

In their appeal, the Bureau highlighted that the lack of abuse or force, coupled with the fact that both parties were in a consensual relationship, should have influenced the sentencing. Furthermore, existing case law suggests leniency for young offenders in similar situations.

The appeal also drew attention to Section 337(1)(b) of the Penal Code, which allows for the discharge of individuals in certain cases. The High Court agreed with the Bureau’s arguments and ruled in favor of discharging Thomas, who had already served over a year in prison.

Thomas’s release marks a significant reversal in his legal battle and reflects ongoing discussions about justice and proportionality in defilement cases involving young offenders.