Tag Archives: High Court Judge Fiona Mwale

Law and order, Malawi, Top News

Malawi Supreme court frees July 20 “Killer” police officer Lobo 

Maravi Post Reporter

july-20-demonstrations

 

BLANTYRE-(MaraviPost)-The Supreme Court of Appeal has overturned a conviction which the High Court imposed on police officer Stewart Lobo, who was accused of shooting dead Lilongwe resident, George Thekere in 2011.

In 2016, High Court Judge Fiona Mwale sentenced Lobo to 12 years imprisonment, following the death of Thekere in Chilinde Township on July 21 2011, a day after anti-government demonstrations against the regime of the then president Bingu wa Mutharika.

According to The Daily Times, on Tuesday, a panel of nine judges ruled that the State had failed to prove that Lobo killed the deceased.

“The overarching question is whether, on the evidence, the State has proved beyond reasonable doubt that the appellant shot and killed the deceased. The evidence falls short of proving beyond doubt that the police man, who shot and killed the deceased at Chilinde, is the appellant. There is a possibility that the shooter could have been a police man other than the appellant.”

“As the law requires all of us, we will resolve the doubt in favour of the appellant by way of acquittal. The conviction is, hereby, quashed. The sentence imposed, in respect thereof, is set aside. The appellant will, forthwith, be set at liberty unless there are some other limitations against the same,” reads part of the judgement.

The panel comprised of Chief Justice Andrew Nyirenda and justices Edward Twea, Jane Ansah, Rizine Mzikamanda, Anacklet Chipeta and Lovemore Chikopa.

Lobo appealed the case to the Supreme Court through Legal Aid Bureau’s lawyers.

Some of the grounds of appeal were insufficient evidence from the State proving that he was on the material day, on patrol duties within Chilinde and that he was assigned a gun and ammunition.

Lobo, who was, working at Kawale Police Station, was found with a case to answer in May 2015.

 

Law and order, Malawi, Top News

Malawi’s cashgate convict Kalonga jailed seven years

Maravi Post Reporter

LILONGWE-(MaraviPost)-The Lilongwe High Court Judge Fiona Mwale on Friday sentenced cashgate convict, Leonard Kalonga to seven and half years in jail.

Kalonga, a former tourism officer, was found guilty and convicted of conspiracy to defraud government using forged documents and paid the money to bogus suppliers.

According to the court files, other charges included laundering of MK520 million where he facilitated, abated and aided acquisition of six Scania Marcopolo semi-luxury buses.

This was on instruction from then Ministry of Finance budget director Paul Mphwiyo and laundering which were proceeds of serious crime between April and September 2013 with other persons to the tune of MK3.2 billion.

K alonga changed his plea from not guilty to guilty to theft and laundering about MK3 billion.

On the charge of conspiracy to defraud the government, Mwale sentenced Kalonga to one year, on facilitating money laundering, he has been sentenced to two years while on a money laundering charge he will serve a sentenced of seven years and half in jail.

The sentences will run concurrently, which means Kalonga will be in jail for seven and half years.
Among other things, Judge Mwale said the court considered different factors before coming up with the sentences.

“The convict has been cooperative, remorseful and restituted five vehicles and two houses to government totaling K72 million,” said Mwale.

Kalonga’s lawyer, Manuel Theu, said he will consult his client first on the way forward.

Director of Public Prosecutions (DPP) Mary Kachale expressed gratitude over the success of the case saying was satisfied with the sentence.