Relatives shielding her from Journalists |
Angela Katengeza les but all that ended when Justice Fiona Mwale punished her with 5 year jail sentence.
In protest of the judges’ custodial sentence immediately after hearing the judgment, Katengeza reacted by shouting "Just kill me, just kill me” and continued “God of Joseph, God of Isaac, what have I done!" and began to cry uncontrollably.
Arrival at the court where she was allowing Journalists to take her pictures |
On 14th March 2016, Katengeza was convicted and found guilty of Money Laundering contrary to Section 35 (1)(c) of Money Laundering, Proceeds of Serious Crime and Terrorism Financing Act. She was originally charged alongside with her son Gordon Hamdani who was acquitted after the state discontinued case against him and Leonard Kalonga who was discharged after he separately pleaded guilty to various offensesrom the case, after state had paraded four witnesses.
Katengeza was answering to money laundering of K105 million a crime that was committed in 2013 when she had lend out her Faith Construction company certificate to another cashgate convict Leonard Kalonga former Deputy Director for then, Ministry of Tourism.
According to Katengeza, that time Kalonga wanted to use her company certificate with bank accounts to bid construction tenders that were available at the Ministry but could not use his own certificates because of employment policies.
After giving the certificate to Kalonga, her bank account began to receive payments from Government which accumulated to a total of K105 million and Katengeza admitted that she in separate occasions began to withdraw the money and hand delivered to Kalonga.
In all these dealings, however, Katengeza disclosed that she only received K3 million covering renewal fee of her company certificate and costs of transport and airtime during the process of withdrawing and handing over the money to Kalonga.
She was promised 10 percent commission at the end of the deal but that did not happen because the cashgate scandal investigations began much earlier before the deal was over.
Katengenza has throughout the trial maintained no guilty plea citing that Kalonga used her to defraud Government and that she was not part of the Government officers who masterminded the cashgate.
Family members crying outside court |
Money Laundering attracts maximum sentence of 10 years imprisonment and fine of K2 million.
Announcing the verdict, Justice Fiona Mwale indicated that six years of imprisonment matches actual level of her benefit and margin of her mitigating factor in the commission of the offense.
But said; “I do however recognize her age and her heart condition and I deduct one year from that sentence.” then continued “The convict is therefore to serve 5 years imprisonment in the offense of money laundering”
Immediately, Katengeza shouted; “Just kill me, I don’t have to bear such hard life again”, as she continued to shout the judge also continued to deliver the judgment of which is allowing the convict the right to lodge an appeal.
Family members also joined in with cries followed by loud murmuring in the public gallery side showing their disapproval of such a lengthy sentence. The murmuring were so loud in the courtroom making the end part of the judgment that the Justice Mwale was still presenting to be inaudible.
Earlier, the judge said suspended sentence was not suitable in this particular case considering various reasons she highlighted in her verdict that includes the negative economic impact cashgate brought to the country.
Justice Mwale in her verdict refused to take into consideration some of mitigating factors that were presented by defense during sentencing submissions. Among the factors include; cooperation, good character, length of the trial which has taken three years, on remorse since she refused to admit her responsibility of theft by maintaining no guilty plea, failure to make restitution and on the K3 million amount that she benefited out of K105 million.
But on K3 million benefits, the judge argued that although Katengeza got K3 million from K105 million she benefited from the proceeds and that she never made restitution. Justice Mwale futher mentioned that still the convicts actions of lending out her company certificate to Leonard Kalonga helped to facilitate the laundering of Government money that “could have been utilized at material time towards realization of the national budget.”
“What is relevant at this time is that she facilitated the theft of K105 million… I find that as a serious crime.” insisted the Judge adding “K3 million is still substantial amount of money”
“The sum laundered is however, one that is quite high, as I alluded earlier and I keep reiterating that K105 million nine hundred and eighty three thousand is quite high.” She said and further counter argued defense position by saying “In money laundering charges, it is the sum that has been laundered” matters most
The judge also noted with concern failure by state to highlight impact of cashgate during their sentencing submissions.
Outside the court, Katengeza was crying and continued to shout "I don't deserve this life anymore!"
Now 55 year old Katengeza was a theological college student and Area 47 block leader when the theft was happening and was consecrated as Eleventh Hour church pastor in 2014 upon completion of her first degree in theology.
Defense submitted that Katengeza who is a first offender and a person of good character was a very active person in church ministry and her arrest came when she was about to open a church branch in Mtsiriza.
Her Faith Construction operated for a period of 5 years and it was common among construction companies to borrow from each others company certificate.