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Viola, Chingola get suspended sentences

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Lilongwe principal resident magistrate Viva Nyimba has given former National Food Reserve Agency (NFRA) deputy chief executive officer Gerald Viola and his co-convict Chrispin Chingola three-year suspended sentences each following their convictions last Monday.

The two were arrested in October 2020 on allegations that they unilaterally issued a K3.3 billion Local Purchasing Order (LPO) to Missie’s Trading to supply 10 000 metric tonnes of maize to the organisation.

Escape jail term: Viola

In March 2022, Viola and Chingola, a businessperson, were found with a case to answer on offences under the Corrupt Practices Act and Public Procurement and Disposal of Public Assets Act.

But handing the sentences yesterday, Nyimba said he took into consideration the fact that both convicts are first offenders and that they never got any economic benefits from the crime.

Reacting to the sentence in an interview yesterday, Viola’s lawyer Luciano Mickeus said he was relieved that the court exercised mercy on his clients by granting them a suspended sentence.

He said: “Now that we have the judgement on liability as well as the sentence itself, it means we will go through them and map the way forward. Still the conviction stands, and a conviction has a number of consequences.

“We will look at it and see whether it is with merit to proceed with an appeal or not. As a lawyer, I will still wait to get clear and fresh instructions from my client and see how we move on from there.”

Appearing sarcastic, Viola said it was sad that he got a suspended sentence.

He said: “It is sad that I have a suspended sentence because those that have been fighting to put me in trouble will not be happy, that is why I am saying it is sad.

“You heard the judgement, that the LPO is intact. It never got issued anywhere else. But these people have been fighting me and I know they will take another step so that is why I am not happy because they are not happy.”

Viola, however, commended the courts for their independence, professionalism and competency.

Meanwhile, Anti- Corruption Bureau (ACB) chief legal and prosecution officer Victor Chiwala said they can only propose to the courts and leave the rest to their discretion.

“It is in the discretion of the court to pass a sentence and as the State and as defence, we just propose to the court.

“Now as ACB we proposed a minimum of five years, taking into consideration the case of Uladi Mussa, but the court has chosen to suspend them at their discretion. So we have taken it as it is.”

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