Cashgate Case: Savala Looking For Kasambara Replacement

Savala hunting for Kasambara replacement

The cashgate convict Caroline Savala has been left with no option but to look for a lawyer who can take up her case currently on mitigation stage.

This follows bail revocation to her Lawyer Raphael Kasambara by Lilongwe High Court on Wednesday morning. Kasambara found with case to answer on conspiracy in the attempted murder of former Budget Director Paul Mphwiyo has had his bail revoked after the High Court noted that he was not cooperative and has been breaching bail conditions.

During Wednesday sitting before Justice Fiona Mwale court, Savala who was vonvicted after full trial for money laundering to a tune of K84 million, has been asked to find another Lawyer who will represent her on 21st of October 2015 since her lawyer has now been taken into custody.

Kamudoni  Nyasulu

“What remains is if she finds a lawyer then they will close their plea mitigation, then the court will pass sentence” explains Kamudoni Nyasulu who is prosecuting the case

Caroline Savala is expected to parade two character witnesses; convict Leonard Kalonga and a Pastor

However Nyasulu did not hide to express his disappointment over delays in the case “This trial has taken a long time, we started in February 2014 and Prosecution closed its case in April 2014 but we are still struggling to finish.” He said

The court sat in the afternoon after morning adjournment as the defense lawyer, Raphael Kasambara was at that time not present for he was also attending to his trial in the court of Justice Michael Mtambo.

Last sitting of the present case, Savala was represented by emissary lawyer (agent) Tisilira Kaphamtengo as Kasambara was reportedly ill, suffering from high blood pressure. During that day, the agent lawyer did not cross examined Savala by admitting that he knows nothing about the case and applied that the convict be allowed to remain silent to questions that may incriminate herself.

Cashgate Case: Savala Chose Silence to Prosecution Evidence

Caroline Savala out of court 

Caroline Savala has spoken nothing relating to evidence brought by prosecution that she was aware that she was stealing immediately after her company certificate was borrowed by Leonard Kalonga.

The case was back in court this Friday where prosecution was trying to prove that Savala was aware that she was stealing public by lending her company certificate to Mr.  Kalonga, former deputy director of tourism.

Caroline: looked in good spirit 

Savala accused for siphoning K84 million, appeared before Justice Fiona Mwale looking in good spirit unlike last sitting of court when she cried as she was explaining how her company certificate was used to siphon government money and consequent revocation of her bail.

Caroline: leaving court for Maula prison 

During last sitting, Savala request court to be lenient to her guilty plea on grounds that she was not aware that Kalonga would use it to steal government money. In her testimony, Savala denied to have taken part in the cashgate but admitted that she found herself in because Kalonga had used her.  

Savala said nothing to presented evidence
Against her

But this Friday, the state brought evidence documents to prove that it could not have been just Mr. Kalonga using her since her own certificate were used yet she had responsibility under that certificate. 

Questions posed to her by State Counsel, Kamudoni Nyasulu during cross examination centred on finding out from Savala if she carried out her responsibilities and obligations as a certified contractor. However, she chose not to say anything.

“I choose not to say anything” Savala maintained such reply when asked of documents and matters related to her knowledge of some individuals that includes Leonard Kalonga who she has been naming as one who dragged her into the scam.

Savala: I choose not to say anything 

From such reply, She chose to be silent for example on: whether National Construction Industry Council legislations allowed her to lend someone her company certificates; if she had relevant equipment to do the work of construction; whether she knew if Kalonga had certificates or any equipments for construction; and even if she had any knowledge of sites where Leonard Kalonga was going to do the alleged construction works from tenders which he allegedly told her that he won from government. 

Meanwhile the case has been adjourned to a later date where defense is expected to bring two character witnesses; Leonard Kalonga and a church pastor.

Tisilila Kaphamtengo: I read nothing
for this case

Savala was being represented by lawyer, Tisilila Kaphamtengo who acted as agent of lawyer Raphael Kasambara who is reportedly sick, suffering from high blood pressure.

The agent lawyer did not re-examine Savala saying he knows nothing in this case.

In an interview, he described Savala silence as good position to prevent self incrimination.

Kaphamtengo: She was right for being
silent

He therefore justified defense application that Savala be allowed not to answer any questions where she would be incriminating herself.

Kaphamtengo explained that some of the questions would have lead to new more offenses other than present case which includes possibly offense of offending National Construction Industry Council legislations.