THE Court of Appeal has acquitted an ex-banker, Faraji Chambo, and his wife, Kajala Masanja, a Bongo Movie actress, who were fined 226m/- or serve 21-years custodian sentence for conspiracy, money laundering and illegal transfer of property corruptly obtained.
Justices Bernard Luanda, Batuel Mmilla
and Richard Mziray ruled in favour of the couple after allowing grounds
of appeal against the findings given by the High Court on December 4,
2013They found that the evidence viewed as a whole did not prove the
prosecution’s case beyond reasonable doubt.
“In these circumstances, it would be
unsafe to uphold the appellant’s conviction,” they declared. The
justices, therefore, proceeded to allow the grounds of appeal Chambo,
the appellant, had presented and quashed his conviction and setting
aside the sentence imposed against him. They ordered that the appellant
should be released forthwith unless he is held for other lawful cause.
In the appeal, only Chambo had
challenged the lower court’s decision, while his wife, who had paid the
fine to escape the jail term, had not wished to disturb such findings.
But the justices could not end their judgment without discussing
Kajala’s conviction and sentence too.
They noted that the couple was charged
jointly in counts of conspiracy and transfer of proceeds of property of
corruption. According to them, the evidence leading to Kajala’s
conviction was the same to that adduced against her husband.
“What has disturbed us much is whether
her conviction and sentence could continue to stand even after we have
found the appellant not guilty under (these) counts. We are of the
settled view that the yardstick we used to determine the fate of the
appellant should also be used to (her), they said.
The justices pointed out that much as
she did not prefer an appeal but with all fairness, as the evidence
adduced to support the charges was insufficient, then like the
appellant, her conviction and sentence could not be allowed to stand.
“In the circumstances, we invoke the
revisionary jurisdiction conferred to us under section 4 (2) of the
Appellate Jurisdiction Act, the conviction and sentence imposed on
(Kajala) in the (two) counts of the charge are hereby quashed and set
aside,” they declared.
On March 25, 2013, Resident Magistrate
Sudi Fimbo convicted Chambo of all three counts and ordered him to pay
213m/- or go in jail for 13 years, while Kajala was held accountable on
conspiracy and illegal transfer charges and fined 13m/- or jailed eight
years in default of paying the fine.
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