Sun, 04 Dec 2016 10:13:25 +0000
By David Julian Wightman
Well-known Lusaka musician Michael Chanda has been convicted of cannabis trafficking after changing his plea in Lusaka Magistrates court Friday. Appearing before Magistrate Munalula Mubita, Mr Chanda surprised supporters in attendance by changing his long-held not guilty plea in what appeared to be a plea-bargain between his lawyer, Osborne Ngoma, and Drug Enforcement Commission prosecutors. Mr Chanda was initially arrested on 23 July on his Ng’ombe farm as he and his fellow Rastafarians were preparing for a concert to celebrate the birth of late Ethiopian Emperor Haile Selassie. Heavy armed DEC agents raided the farm in what the commission prosecutor called a “routine operation” but what participants claim was an exercise in police brutality in which bullets were fired in the air, many revelers were beaten, and one juvenile had his arm broken by DEC officers. Nineteen Rastafarians including Mr Chanda were picked up in the raid and held for four months while their case dragged on in court. Finally on 4 November the Director of Public Prosecutions instructed DEC to enter a nolle prosequi, however Mr Chanda alone was re-arrested while leaving the court and re-charged with trafficking 94.6 grams of loose cannabis. Mr Chanda had also been charged with “permitting premises to be used for narcotics or psychotropic substance” however this charge appeared to have been dropped. Following his admission of guilt, Mr Chanda was handed a four month suspended sentence as well as one week of community service. In passing the sentence, Magistrate Mubita called the charge of trafficking a “serious offense” and suggested that Mr Chanda should stay away from cannabis. “Let him stop being a…’’ the magistrate commented in court, leaving his sentence unfinished but gesturing to Mr Chanda’s dreadlocks. Outside the court, Mr Chanda’s wife Joyce expressed relief that her husband would be freed. “We have gone through so much pain since he was inside. My children and I have suffered, so am happy that he is out and I hope now they [DEC] will give us back the things they took,” she said, explaining that DEC officers had confiscated a lot of musical equipment including instruments, mixers, speakers, microphones, and stage lighting. Other victims of the raid complained that they have not received the phones, monies, and other properties that were confiscated. Supporters expressed surprise and disappointment at Mr Chanda changing his plea to guilty. One Rasta elder who was in attendance at the concert accused DEC of planting the 94.6 grams of cannabis and intimidating witnesses and those arrested. “There was no marijuana that day,” said the elder who insists he himself does not smoke. “When I reached that place I asked Michael four times about marijuana because I brought my son and I did not want him exposed to marijuana. Michael assured me and I did not see any marijuana. I don’t support wrong things, if there had been marijuana I would say but there wasn’t.” Asked why Mr Chanda would change his plea, the elder suspected that the accused was pressured to plead guilty. “It was not good for him to change his plea. He’s lying now, he’s telling a lie. There was no marijuana. I’m sure he was framed.” Mr Chanda was not immediately available for comment as he was still being held pending release.
