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.”

A Lawyer ‘Cashgate Suspect’ Yambani Mulemba On Bail

• His K5 million worth bail follows Monday arrest on cash gate related suspicions

• Asked to pay K3M bond in cash, Two surerities each to pay K1M cash bond

High Court in Lilongwe has granted bail to a Nights and Nights private practice lawyer Yambani Mulemba who was arrested on cashgate related charges

Judge, Justice Esme Chombo has granted Mulemba a bail bond of K3 million in cash and provide two sureties who should each pay a cash bond of K1 million. 

The court further ordered that his two houses, in area 12 and 43 should be attached to the bond. Mulemba has also been ordered to be reporting at Lingadzi Police station every Wednesday, surrender travel documents as well as not leave Lilongwe or go outside Malawi without informing the Officer In charge of Lingadzi Police.

Yambani Mulemba has formerly been charged with money laundering to a tune of K50 million for facilitation of procurement of house which is linked to the cashgate case involving Paul Mphwiyo wife’s and her Good Deeds Trust. He is also been accused of facilitation of procurement of some cars belonging to Mr. Paul Mphwiyo among them Toyota Fortuner and Mercedes Benz.

Anti-Corruption Bureau (ACB) Prosecutor Imran Saidi said Mulemba charges of money laundering is related to other offenses that other people are answering before various courts.

“His involvement is that he facilitated and helped some of the accomplices in money laundering. When the money was looted he had facilitated some other activities to have laundered some of the money’s” 

Mulemba was at one point brought to the court as state witness for the ongoing case of attempted murder and conspiracy to commit murder of Malawi’s former Budget Director Mr. Paul Mphiyo who survived three gunshots.

In the afternoon of Wednesday, Mulemba was taken to Lilongwe Resident Magistrate by ACB to be told the reasons of his arrest. But eventually it was told in the court that his lawyer had earlier made an application of bail at the High Court. On that basis the lower court considered that since the matter is in the constitutional court, there was no need to proceed with bail hearing at Magistrate court.

In the evening, upon hearing arguments from both sides Judge Justice Esme Chombo felt and deemed fit that Mulemba be granted bail saying it is everyone’s right.