OSHAKATI – Mutota Tobias, 28, and Johannes Willem, 24, who were charged with being in possession of cannabis worth N$45 in July 2014 were found guilty in the Oshakati Magistrate’s Court on Tuesday.
They will be sentenced today by Magistrate Vivian Ndlovu.
The duo who pleaded not guilty from the onset of their trial stuck to their story that the cannabis found behind Mutota’s room could have been dropped by anyone as it was found by an exit route from the property.
Ironically, the duo who initially did not dispute the witnesses’ testimony that the cannabis seeds and leaves were found in their bedrooms proceeded to argue in their defence that the cannabis was not found in their bedrooms.
According to the witnesses, Mutota and Willem were each found with cannabis leaves and seeds in their bedrooms when they were arrested on July 10 last year.
The two however remained adamant throughout the trial that they had no knowledge of the cannabis that the police alleged to have found in their bedrooms.
The police officers’ testimonies also collaborated that Willem was carrying a white plastic bag that contained cannabis, but he however dropped the plastic bag when he saw a police van approaching and ran off to the bathroom.
The police testimony further indicated that the police searched Willem while in the bathroom and proceeded to show him the contents of the plastic bag that he dropped.
Willem further informed the court that the plastic bag being referred to was found at the back of Mutota’s bedroom in a dustbin and he had no knowledge of where it came from.
“I was already in the toilet when the police came,” argued Willem.
Mutota who was also present at the scene of the crime did also not dispute the police testimony.
However, Mutota argued that the cannabis leaves were found among rubbish in a dustbin while the seeds were found under a tree.
“The cannabis was among some rubbish and not in my bedroom, but the seeds were found under a tree,” argued Mutota.
In his defense, Mutota also disputed that he saw his co-accused carrying a plastic bag arguing that the bag could belong to anyone as the place where it was found is an exit route. He also disputed that the directory paper that was used to wrap the cannabis was not found in his room but found near the toilet.