Cashgate convict Soko walks free

The High Court in Lilongwe has overturned the Cashgate conviction and sentencing for theft meted out to former Malawi Congress Party (MCP) deputy youth director  Wyson Dzinyemba Soko in 2015.

The Lilongwe Magistrate’s Court sentenced Soko to four years imprisonment for the offence of theft, and three and a half years for money laundering K40.9 million through his company Wymbaso General Dealers which the State said was from the Ministry of Tourism.

But High Court Judge Esmie Chombo yesterday set aside the sentence for theft but maintained the conviction for money laundering.

The judgement was delivered in the judge’s chambers as the court had no electricity to print it out for reading in open court.

Soko’s lawyer Henry Kadzakumanja said in an interview after the judgement that since his client had served one third of his sentence and had demonstrated good behaviour he would be released as soon as all procedures had been followed.

Section 107 (i) of the Prisons Act provides for one third remission of the sentence based on good behaviour, among other conditions.

It states: “A convicted prisoner under sentence of imprisonment for a period of more than one month, other than a prisoner sentenced for life, may earn by a satisfactory industry and good conduct remission of one third of his sentence.”

Kadzakumanja said on the charge of theft, the judge agreed with the defence that the State failed to prove its case and hence, was set aside.

“But the charge of money laundering still stands. Considering that he has been in custody for more than one third of his sentence, he will be set free,” he said.

The defence put across five grounds for appeal, among them that the magistrate erred in convicting Soko on the offence of theft when the evidence was not sufficient to prove the charge.

“In all circumstances of the case, the findings of the learned magistrate were against the weight of evidence and occasioned failure of justice,” the grounds read.

The defence also argued that the sentences of three and a half years for theft and four years for money laundering were excessive.

However, the State countered that the sentences were not excessive because theft and money laundering K40.9 million had resulted in economic challenges and interrupted services of the government. n