Savala convicted, but walks home

Caroline Savala, a businessperson who owns Cam Construction Limited, was on Friday found guilty on theft and money laundering charges involving K84 million ($168 000) stolen from the Accountant General’s office in August 2013.

But drama characterised the proceedings in court. First, her temporary lawyer was summarily chased from the chamber by presiding judge Fiona Mwale for appearing in court without a practising licence.

Then, the convict herself, despite facing up to a 10-year jail term for money laundering and another five years for theft, walked home as the judge adjourned the matter but ordered that her bail should not be revoked.

However, as Savala walked home surrounded by sympathetic and equally confused family and friends and not the usual police escort for convicts, it was unclear what the State would now do to ensure she does not bolt from justice.

Earlier, Justice Mwale while passing her hour-long judgement described the plot to steal public money, which Savala was accomplice to, as “sophisticated and too elaborate.”

The judge also said there had been a massive cover up attempt—once Cashgate exploded—that run high up to the Accountant General’s office with an aim to legitimise the theft.

Savala, who pleaded not guilty to the two charges and exercised her right to remain silent since her arrest last year, has been represented by several lawyers during the trial, but settled for lawyer Ralph Kasambara.

Kasambara was absent during the judgment.

In Kasambara’s absence, lawyer Matthews Chizonde stood in as defence counsel, but it turned out that he had no valid legal licence as the judge was about to start procedures for mitigation and sentencing.

The drama started with Justice Mwale asking what appeared to be a mundane question to counsel Chizonde. She wanted to know if he had a valid practising licence and when the answer was negative Mwale fumed: “Please walk away from the courtroom.”

It was unclear what prompted the question from Mwale.

Then the judge ruled that Savala should remain on bail as the courts await sentencing proceedings and subsequently adjourned the matter until a new lawyer is hired for the convict.

No date has been fixed yet for mitigation and sentencing, but the judge indicated that whoever is appointed as defence counsel has to discuss with the High Court Registrar on the new date.

Special Cashgate prosecutor Kamudoni Nyasulu took a dim view of the court’s decision to allow the convict walk home immediately after being convicted.

“It is rare but acceptable. It’s also understandable because the judge was just being considerate bearing in mind she had no lawyer present. Normally, bail is revoked immediately after conviction, but in special circumstances what has happened is allowed,” said Nyasulu.

While ravelling in yet another successful conviction, Nyasulu, however, opted for cautious celebrations, noting: “There are 84 more cases out there and it’s a long way to go”.

“The reason we started the prosecutions is to enforce the law; the primary purpose is to get the truth. In this case, we have received a confirmation,” added Nyasulu who has won every concluded Cashgate case to date.

Sporting a green dress and carrying a grey handbag, Savala betrayed no emotion throughout the judgement and even as cameras trained on her walk back to a waiting car to take her home.