K28m Sobo fraud suspects challenge conviction

Nine officials at Southern Bottlers (Sobo) who were sentenced to five years imprisonment with hard labour for allegedly misappropriating K28 million (about $70 000) have challenged the sentence.

The High Court in Mzuzu on Tuesday started hearing the appeal where lawyers for the suspects Victor Gondwe and Dziko Malunda presented eight grounds of appeal.

The suspects are also represented by lawyer George Kadzipatike, while the State is represented by Rodgers Mpombeza.

Malunda argued that the court erred in sentencing the suspects as the State failed to establish a particular sum for one individual and charged the suspects jointly.

He wondered how the court arrived at such a sentence when it was not established as to how much each individual misappropriated.

“Such a sentence was improper. Out of the K28 million, it might have happened that someone got K20 million [$50 000] and another K1 million [2 500]. The person who steals K1 million should get a lesser sentence than the one who steals K20 million,” said Malunda.

He also challenged an order to have property for the suspects and their relations seized in order to recover the money.

He said such an order was improper as the State failed to establish how much each person stole.

Gondwe also called on the High Court to quash the sentence, arguing the State failed to prove conspiracy in the theft.

He said the court also convicted the two on conspiracy and substantive offence, which in practice does not apply.

Mpombeza asked the High Court to adopt the arguments presented by appellants’ lawyers and asked for adjournment to respond.

Judge Dingiswayo Madise adjourned the case to July 11 for the State to respond.