Lawyer Frees Client By Arguing Marijuana Plants Not Sufficient Evidence
Kudakwashe Jarasi, a farmer from Macheke, has been acquitted of charges relating to the cultivation of 88 marijuana plants. During the trial at the Marondera Magistrates Court, police presented the plants as evidence against Jarasi, as well as his neighbour, Surprise Chitate, who pleaded guilty and was sentenced to two years in prison. However, Jarasi’s lawyer argued that the plants could be potatoes or lantana camara plants, and there was no forensic evidence to prove they were marijuana. The argument was successful, and Jarasi was acquitted of all charges. Mazanhi said:
Your worship, these plants are not dagga or marijuana, they could be potatoes or lantana camara plants. There is no forensic evidence from the police officers that these plants are, indeed, that of marijuana.
The argument was successful, and Jarasi was acquitted of all charges by Magistrate Esther Mabika. Speaking outside the court after the judgment, Mazanhi said:
Apart from the fact that there was no forensic evidence on whether the plants are marijuana or not, I argued that my client is not the one who lives at the farm.
He hires labourers and some of them smoke dagga (marijuana) and drop their seeds in the field, or it could be his mother or wife. There was no case at all.
According to the judgment, there was no tangible evidence linking Jarasi to the offence, and the plants could have been planted by anyone. The arrest of the two farmers drew attention on social media, with people hailing the police officers for their actions in the fight against drug and substance use by the nation’s youth. Nonetheless, Jarasi is now a free man.
