“The seriousness of this crime, in this Court’s view, outweighs the mitigating factors presented by the Convict.
“The Convict was adamant to succeed in his actions without any consideration on consequences of his action.
“This Court agrees with the State that the Convict was sure that he could use his money, position and influence to subvert the course of justice.
“However, the refusal of the judges to take the bribe put a stop to that.
“The brazen manner in which he discusses his venture in the audios and all transcripts of the audios shows a person who voluntarily planned and intended to commit crime with impunity.
“We all know that corruption breeds impunity to do, to act and to engage in criminal activities without fear of consequences and the impunity to consider oneself as being above the law.
“If no adequate action or penalties are matted out, the judicial system and the rule of law won’t be able to protect the rights of citizens nor will the democratic institutions be able to function properly.
“Accordingly and after considering both mitigating and aggravating circumstances, and concluding that the aggravating factors outweigh the mitigating factors, THIS COURT IMPOSES A CUSTODIAL SENTENCE OF 9 YEARS IMPRISONMENT WITH HARD LABOUR on the first count and 9 years imprisonment with hard labour on the fourth count.
“Since the offences were committed in one transaction, the sentences will run concurrently with effect from the date of conviction which is the 10th September 2021.
It is so ordered. Court rise!”
That was the pronouncement made by the High Court in Blantyre today when the Business tycoon, Thomson Mpinganjira, was receiving his sentence following his conviction las month.
According to ACB legal counsel who spoke to the media soon after the sentencing welcomed the sentence. Counsel Victor Chiwala speaking on behalf of ACB said that the maximum sentences which Mpinganjira was convicted on is is 12 years.
The legal team for Mpinganjira requested for linience on the sentencing. In particular, Mpinganjira’s lawyers prayed for suspended sentence in which the convicted Mpinganjira could serve his jail term from home.
Trial judge, Justice Dorothy DeGabrielle, trashed the request and highlighted that the Convict committed felony and the aggravating circumstances made it impossible to be linient.
Mpinganjira was charged with six counts but was found guilty on two counts only.
On 10th September this year Judge Dorothy DeGabriele convicted the FDH bank owner after the state convinced the court beyond reasonable doubts that the multi-billionaire indeed wanted to bribe the 5 Judges.
In his case, Mpinganjira wanted the Constitutional Court to rule in favour of the then president Peter Mutharika of Democratic Progressive Party (DPP).
Mpinganjira pleaded with the court for a suspended sentence citing he is a first offender and that he helps alot of people through his charity work.
A plea which the state objected citing he could have reasoned first before proceeding with his bribery acts.
Passing her Judgment Judge Dorothy DeGabriele said despite Mpinganjira being the first offender his actions were desperate and he might do them again, she then slapped him with 9 years Imprisonment with Hard Labour (IHL).
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