The Lilongwe Magistrate court will pass sentence on November 17 to businessperson Esnart Nenani Ndovi following her conviction on her own plea of guilty over a Cashgate transaction amounting to K12.9 million ($23,035). He is now on remand in prison.
After her own plea, the court convicted Ndovi on charges of money laundering which attracts a maximum sentence of 10 years and lending a business certificate for personification which attracts a sentence of three years.
State prosecutor Michael Kalonga asked the court to adjourn he case for two weeks so that prosecutors can evaluate the car Toyota Hilux which the convict surrendered .Road Traffic and Safety Services valued the vehicle at K15 million.
Kalonga said the State would like to make their own evaluations and also to finalise all necessary documents relating to her conviction.
Defence lawyer Gilbert Khonyongwa asked for court not to revoke bail because Ndovi was suffering a medical ailment which would prevent her from withstanding prison conditions. But he did not provide to the court evidence to show that she is not fit and well.
Anti-Corruption Bureau (ACB) lawyer Imran Saidi did not object to the bail application
Senior resident magistrate Patrick Chirwa revoked Ndovie’s bail arguing there was no medical reports to support her argument.
“The convict looks okay, she is able to stand and respond to questions. Unless the defence brought evidence from a certified medical practitioner to show that she cannot stay in prison,” said the Magistrate.
Said the magistrate: “After being convicted, one loses the right to bail and there is no clear law propagating for bail pending sentencing. Therefore, I deny to grant bail pending sentencing. Until court sentences the convict, the convict will remain in custody.”
The court has since asked the ACB to agree with the defence to carry out a joint evaluation of the vehicle which has been handed over to ACB as restitution.