High Court snubs convicted Chinese national’s appeal

High Court Judge Annabel Mtalimanja has dismissed an application for appeal by convicted Chinese national Lin Yun Hua who was sentenced 14-years over wildlife-related offences.

The applicant was sentenced by the Magistrate’s court in September last year after being found guilty on offenses to do with possession of a specimen listed as species and dealing in Government trophy.

The convict however appealed the sentence on grounds that he was wrongly convicted arguing that the lower court used an old amendment.

Whilst praying for dismissal of the application, the respondent submitted that there were reasons put forward by the Applicant as he did not appeal in time, the time is inordinate for appealing out of time, and the grounds of appeal cannot succeed at the appeal stage.

Said Senior State Advocate, Matthews Chione: “His argument was that the sentence of 14 years was harsh, it shouldn’t have been given, the court should have considered the sentence of ten years that was in the Act that was not amended.”

And delivering her ruling on Friday in Lilongwe, Judge Mtalimanja has upheld the lower court’s sentence stressing that the applicant was convicted on the amendment which he pleaded.

“”The way forward is that the conviction is uphold, the 14-year sentence is also upheld, he is going to serve the sentences as meted out by the Magistrate’s court,” added Chione.

Hua was convicted on his own plea of guilty on the offence of possession of listed species contrary to Section 110B (b) of the National Parks and Wildlife Act but was found guilty in dealing in Government trophy contrary to Section 110B of the same Act; and Money laundering contrary to section 42 (1) (c) of the Financial Crimes Act after a full trial.

The Applicant was sentenced to 14 years for possession of a specimen listed as species; 14 years for dealing in Government trophy; and 6 years for Money laundering. The sentences were to run concurrently.

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