Cashgate Case: Lawyer Refuse Comment On Katengeza 5yr Sentence As State Express Excitement

Katengeza

Lawyer for Angela Katengeza, Gilbert Khonyongwa, says he needs more time to go through the ruling made on Tuesday before making his comment to press.

Katengeza who was answering to Money laundering of K105 million in 2013 was sentenced to 5 years imprisonment by Lilongwe High Court justice Fiona Mwale.

Asked to comment on the verdict, Khonyongwa said he need ample time to look at the judgment and after he will make his position.

Khonyongwa

“As of now I could not comment much until I go through it at my own time and then determine my position on that.” He said adding that his client will decide on whether to appeal the ruling or not but that will be after they go through the ruling

Several mitigation factors that defense submitted to court were refused. Reacting to this Khonyongwa conceded that the court has authority to consider or to disregard the mitigation factors.

“In terms of the law the court has the final discretion how it handles the sentence. So, from its analysis it has decided to ignore some of the mitigation factors. So that is the position of the court” he conceded

Saidi

Meanwhile, the state has welcomed the court verdict of 5 year prison sentence to Angela Katengeza 

Imran Saidi a state advocate described the verdict by Justice Fiona Mwale as an indication that justice is still taking its course in the country.

“Beyond what the Court has found we wouldn’t have any comment but I think that is a reflection of justice that it is still taking its course in our land.” He said

Judge indicated that Katengeza was supposed to serve a total of six years inprisonment but because of old age and health problems of the convict, one year has been deducted to make the sentence be at 5 years. 

Commenting on this reduction Saidi said “As I said, it is the Court discretion that when it is sentencing there are a lot of circumstances and matters that it puts into considerate on. It is our view and belief that at least what the court found by deduction one year, it is still in order.”

On the ongoing and future cashgate cases he said “This is a positive development. As a state we have always relied upon court duty and the way courts conduct its activities. It is a reflection to the effect that at least the justice is still prevailing and we believe that will still send a signal to the rest of the other offenders probably it is high time that they can make decision of coming forward to plead guilty and probably surrender whatever they acquired from our state coffers.”

Cashgate Case: Katengeza Gets 5 Year Jail Sentence, Tells Judge 'Just Kill Me'

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!" 

Katengeza arrival 

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.

Cashgate Case: Katengeza For Suspended Sentence As Judgement Coming Week's Time

Katengeza has heart problem 

Convict in the infamous Cash-gate scandal, Angela Katengeza has prayed for a suspended sentence citing her health problems.

Through lawyer, Gilbert Khonyongwa, told Judge Fiona Mwale on Thursday that Katengeza has heart problem and Hypertension, therefore custodial sentence will lead to deterioration of her health given poor condition in Malawi prisons.

Katengeza is answering theft and money laundering amounting to K105 million after the Baker Tilly forensic audit report revealed her Faith Construction Company was one of the companies that were dubiously paid by Government in 2013 without rendering any service.

The case resumed on Thursday at Lilongwe High Court for oral submissions on sentencing where the State objected the defense application by requesting court to apply custodial sentence because medical arrangements will be made while she is in prison. It also acknowledged to have taken note of the medical report on heart problem and not hypertension.

“We do not believe that that should compel the court to give her non-custodial sentence” observed state prosecutor, Reyneck Matemba while acknowledging that her health condition may have advantage to her when it comes to sentencing

The state application underlined that the court must “be cautious” on setting precedence to would be offenders who may in future use health condition as a tool to escape punishments like custodial sentence.

Matemba added that money laundering is a very serious offence and Katengeza should face custodial sentence just like other convicts who committed same cashgate offence and are now serving custodial sentences.

Katengeza who told court last year that she is a pastor maintains her no guilty plea saying she unknowingly got herself into the scam after Leonard Kalonga former Deputy Director at then Ministry of Tourism borrowed her company certificate. According to her, she innocently lent out her company certificate to  Mr. Kalonga who wanted to use her company name in getting 'construction projects that were available at his office' but due to working conditions he could not have used his own company certificate. Katengeza said was promised to receive a percentage for lending out her certificate and she did not know that he could use it to defraud Government.

Court found her guilty and was convicted for theft and money laundering.

During submissions on Thursday, State, conceded defense application for leniency on the fact that Katengeza got only K3 million from the K105 million deal since the arrangement was to pay her for lending out her company certificate.

As well state acknowledged and conceded defense submission on cooperation shown by Katengeza throughout the case. On this, State said the convict played a very significant role of giving new information to State which lead to self guilty plea of Leonard Kalonga, of which Kalonga was identified as a person who recruited 17 companies that were involved in the scam.

Matemba said “if it were not for Angela Katengeza decision to testify” by giving information on how she got herself into the scam “Mr. Leonard Kalonga would have not changed” from no guilty to plea of guilty.

“Her decision to tell her story totally changed trial of Leonard Kalonga” said Matemba adding that this may work to her advantage on sentencing 

But, the state disagreed with the defense that her cooperation was a sign of remorse. State indicated that it believes that Katengeza has never shown sign of remorse by maintaining plea of not guilty and distancing herself to the criminal activity which she participated knowingly. 

The state also asked court not to consider Katengeza as a responsible person for her family, a person with good character, and that has lost her business following the case.

“She doesn’t have good character as both pastor and block leader” ruled out Matemba adding a responsible person would have realised that it was a criminal activity and she was supposed not to take part

Matemba also said her conduct does not show that she is "honesty” person that her honesty ended the moment she accepted to participate in a crime of defrauding Government.

Further, responding to defense complaint about the lengthy period of the trial, Matemba said “none of us have control over that and it is a natural consequence of indulging in criminal activity.”

In their submission, the defense have among other things said Katengeza is a first time offender who had no intention to participate in the scam as she had no plans at all  to steal from Government and that she was exploited and used by being dragged in the criminal activity.

"She did not know for example that lending company certificate to fellow contractor was unlawful." Added counsel Khonyongwa in the submission.

Court has adjourned and will set new date in two weeks time for judgment

Cashgate: Katengeza Maintains Innocent Plea... Cried In Court

Katengeza hiding her face

Angela Katengeza on Tuesday, maintains she was dragged in the Cashgate scam unknowingly by convict Leonard Kalonga as the court also learn she was studying to become a Pastor when her company certificates was used to defraud government.

Katengeza owner of Faith Construction, was involved in looting of public money dubbed cashgate after her bank account had received two cheques in separate occasions without rendering any service to government.

In self confession, Leonard Kalonga said he recruited 17 contractors among them Katengeza company which brought new contractor in the scam. And that everyone was explained and aware of the scam.

However, Katengeza categorically denies any awareness of the scam and recruiter role. 

She insists, Kalonga never explained to her that he would use her company certificate to defraud government. But explained that she lend Leonard Kalonga her company certificate after he claimed that there was an emergency tender at his office which requires a construction company to place a bid but he could not use his company certificates since he was a civil servant there.

Angela Katengeza troed hard to hide
Her face

Katengeza said in his approach, Kalonga also disclosed that the work was to be done in Mangochi district where “Amayi” (Dr. Joyce Banda, Malawi’s former president) was expected to open as part of her campaign.

Katengeza who at first was serene in the court dock standing before Justice Fiona Mwale, was then shedding tears as she was responding to questions from state prosecutor, Reyneck Matemba.

Katengeza also denied claim by Kalonga statement that she brought a contractor in the scam.

“Kalonga, asked me to get him other contractors but I advised him not to do so because some contractors are untrustworthy, they can runaway with the money. But he insisted on his wish. 

Then I called my brother who always help me whenever am in trouble. I explained that there was this job which he rebuffed but Kalonga kept pressure that I should try to convince him to accept the deal. Later, he (Kalonga) continued to demand names and contact numbers for my brother’s company which I shared him so that he can just contact himself” Katengeza narrates

“If I was aware of this scam, definitely I would not have loved to put my brother in trouble. But I was cheated and used to do this work. But this was a scam by government officers and not us. Even my name including of companies implicated in this scam were never mentioned in Kalonga statement that we were present in their secret meetings. This proves that we were dragged in the scam unknowingly” said Katengeza who was sobbing as she tried to prove her innocence

It was said in the court by the state prosecutor, Reyneck Matemba that the suspect got first cheque amounting to K36 million which she deposited into her account at FDH Bank in City Centre in Lilongwe then she withdrew the money to Kalonga and a month later she did the same for second cheque amounting to K69 million.

But Katengeza told the court that from all the cheques, she only got K3 million commission which also covered costs for use of her company certificates, bank account overdraft, fuel and airtime.

She also contradicted herself during cross examination when mentioning that she used to withdraw the money in phases due to bank restrictions which permitted her to withdraw money not exceeding K20 million or sometimes K20 million. But later changed after being quizzed by the state after noting that she has changed the tune. She then went to her earlier statement that the money was withdrawn upon demand and per amount needed by Leonard Kalonga when said he needed to buy materials for the project. She also indicated that some times it was difficult to withdraw the large amount of money because ot was difficult to carry them. 

After examination in chief the suspect Katengeza looked too fatigue that she needed a court personnel to help her walk to the other side of the court dock.

Meanwhile the case has been adjourned to a later date for Judgment which would either see her being convicted or acquitted. The defense is expected to make written submissions by 7th of October 2015 while the prosecution will be expected to respond by 28th of October 2015.

Cashgate Case: State Seeks Withdrawal Of Kalonga From Katengeza Case

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