Judge chides Savala’s lawyer

• Kasambara fails to show up
• Judge Fiona Mwale refuses to adjourn

Judge Fiona Mwale yesterday expressed her displeasure with lawyer for Cashgate convict Caroline Savala for not informing the court of his failure to attend the sentencing hearing.

The absence of lawyer Ralph Kasambara forced Mwale to reluctantly adjourn the morning hearing with a ruling to proceed in the afternoon with or without the lawyer.

But when the case resumed in the afternoon, another lawyer, Tisilira Kaphantengo, who came in on behalf of Kasambara, asked the court for an adjournment because he was not fully conversant with the case.

“My lord, I came to represent senior counsel Kasambara who has informed me that he is not feeling well,” he said.

According to Kaphantengo, Kasambara was suffering from high blood pressure.

But judge Mwale rejected the application, arguing that it was not in tandem with court procedures and that she was not convinced with it.

Procedurally, Kasambara was supposed to inform the courts of his absence or could assign another lawyer to represent him.

Judge Mwale, however, allowed an application by Kaphantengo to have his client remain silent during cross-examination to avoid incriminating herself.

During the cross-examination conducted by special Cashgate prosecutor Kamudoni Nyasulu, which lasted for 30 minutes, Savala refused to answer over 10 questions posed to her.

Among the questions Nyasulu posed was whether Savala—who used to work for the National Construction Industry Council (NCIC)—was aware of details on her construction certificate with which she was operating her company, but she kept on saying she would not answer the question.

In an interview after the court session, Nyasulu said the matter came for cross-examination pending sentence and he is expected to bring two more witnesses.

Savala is also expected to parade some character witnesses.

The judge did not state when sentencing hearing would resume.

The High Court in Lilongwe convicted Savala on July 18 2015 for theft and money laundering of K84.9 million and the court convened yesterday for her sentencing hearing.

She was accused of getting payment from the Ministry of Tourism through her company Carmu Civil Engineering although the company did not provide any services to the government.

Savala is the ninth person to be convicted in connection with the infamous systematic plundering of government resources.

Her court appearances have never been short of drama; she wept so uncontrollably during one court session that Judge Mwale had to call off proceedings.

Savala has claimed that she was hoodwinked into the scandal by a childhood friend Florence Chatuwa and Ministry of Tourism top official, Leonard Kalonga, both Cashgate suspects.

She described herself as God-loving, good-mannered young lady who could not have willingly “looted” and “plundered” national wealth had she known the treachery and scale of the plot she was participating in.

Savala told the court that Kalonga collected 90 percent of the funds once cashed from her Carm Civil Engineering Limited accounts, while she shared the 10 percent with Chatuwa who was the go-between of the two.

Cashgate rogues gallery

Jailed Cashgate suspects

lMike Msungama: The Lilongwe-based businessman became the first person to be convicted and sentenced on Cashgate-related charges by Lilongwe Magistrate’s Court in March 2014. He was sentenced to 18 months imprisonment after being found guilty of possession of a motor vehicle, Toyota Fortuner, suspected to have been stolen. The vehicle was recovered from the residence of Cashgate convict Victor Sithole. Msungama was released on bail in May 2014 pending an appeal of conviction and sentence. He was also expected to undergo a medical check-up in South Africa.

lTressa Senzani: The former principal secretary in the Ministry of Tourism was the first public servant to be jailed when she was sentenced on October 7 2014 to three years in prison for money laundering and nine months for theft. Senzani had pleaded guilty to misappropriating K63 million.

lVictor Sithole: The former accounts assistant became the second public officer to be jailed in connection with Cashgate. He was sentenced on November 4 2014 by the Lilongwe Magistrate’s Court to seven years imprisonment for money laundering, one year for possession of stolen money and one year for illegal possession of forex. The sentences will run consecutively. He was found guilty on three counts involving money found in his possession amounting to K112 million, $31 850 and 122 000 rands in September 2013.

lOswald Lutepo: The royalty of Cashgate was imprisoned for a total of 11 years—eight years for money laundering and three for conspiracy to defraud government—by the High Court in Zomba on September 4. In total, Lutepo confessed to laundering about K4.7 billion.

lWyson Dzinyemba Soko: On January 28 2015, the Lilongwe Magistrate’s Court sentenced the former Malawi Congress Party (MCP) deputy director of youth to seven years imprisonment with hard labour for the theft and money laundering K40 million from government.

lMaxwell Namata: The former civil servant was charged and convicted alongside businessperson Luke Kasamba for encashing two government cheques worth about K24.1 million through Cross Marketing Limited owned by Kasamba. On February 16 2015 He was sentenced by the Lilongwe High Court to consecutive custodial sentences of three years and five years for theft and money laundering respectively.

lLuke Kasamba: Jailed for four and a half years for money laundering on February 16 2015. Namata restituted K14 million in cash while Kasamba paid K4 million cash and a truck valued by defence at K9 million.

Convicted but not sentenced

lCaroline Savala: On 18 July, Judge Fiona Mwale convicted her for theft and money laundering about K85 million in the Cashgate.

lLeonard Kalonga: The former chief tourism officer was, by his own confession, the mastermind of Cashgate in the Ministry of Tourism. On August 26 2015, Justice Fiona Mwale of Lilongwe High Court convicted him on his own plea of guilt to three counts of money laundering of K3.7 billion. n