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| Lilongwe High Court |
Leonard Kalonga conviction of money laundering has set ground for the state to apply for his withdrawal from Angela Katengeza case.
Katengeza, who owns Faith Construction, is jointly accused with former Deputy Director in the Ministry of Tourism, Leonard Kalonga for the siphoning of K105. 6 million.
The High Court in Lilongwe has received an application on Thursday from the state, seeking withdrawal of cashgate convict Leonard Kalonga from the case he jointly accused with Angela Katengeza
This follows Kalonga conviction of money laundering of K3 billion whose particulars of the offense are the same with that which were jointly charged with Angela Katengeza on second count of money laundering.
"According to the law section 131 of Criminal Procedure and Evidence Code, you can not proceed prosecuting that person. If you have been convicted or acquitted, on an offense which has same facts of a similar offense." said Anti-Corruption Bureau Deputy Director General Reyneck Matemba in an interview
Matemba said proceeding with prosecution of Kalonga together with Katengeza would have been unconstitutional
"That is why we came here to apply for the withdrawal of Mr. Kalonga because he has already been convicted of the same offense of which he was jointly charged with Angela Katengeza" said Matemba
However Katengeza continue to plead not guilty
Now Katengeza charge has been amended as the prosecution has filed a fresh charge sheet which contains one count of money laundering.
The case has been adjourned to to 8th of September
Leonard was charged of money laundering of whose particulars of his offense are the same with that which were jointly charged with Angela Katengeza on second count of money laundering.
The state was applying for the removal of Leonard Kalonga because he has been convicted of that offense.
However Katengeza continue to plead not guilty
Now Katengeza charge has been amended as the prosecution has filed a fresh charge sheet which contains one count of money laundering.
The case has been adjourned to to 8th of September 2015
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