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| National |
| Macholowe gets 12 years |
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by
Henry Chilobwe, 15 February 2005
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16:03:27
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The High Court in Blantyre on Monday sentenced armed robbery and manslaughter convict Clive Macholowe to 11 and 12 years imprisonment with hard labour (IHL) respectively from the date of his arrest August 19, 2004.
Macholwe was found guilty unanimously by a 12-member jury last week.
He was accused of robbing Blanytre district education offices of K574,374.06 ($5,314) meant for teachers’ salaries and killing police officer Fanuel who was guarding the premises on November 25, 1997.
Members of the jury last week reduced one of Macholowe’s charges from murder to manslaughter “because he did not pull the trigger of the gun that killed police officer Fanuel”. They found him guilty of manslaughter for being found in a group that shot Fanuel to death.
Making the ruling on Monday presiding Judge Chiudza Banda said the sentences should run concurrently and Macholowe has a maximum of 11 years in prison for the death of Fanuel and armed robbery charges he was answering.
“This was a more serious manslaughter case bordering on murder as evidenced by the use of live ammunition. It is, therefore, the view of this court that you, as ring leader of the group in this horrible offence, deserve a much stiffer penalty than the ones given to Joseph Mpasu and Yusuf Sanudi.
“This court imposes on you 12 years imprisonment with hard labour for the first count of manslaughter and 11 years imprisonment with hard labour for the second count of armed robbery,” said Banda, who also said the charges attract a maximum of life imprisonment.
Banda said when he delivered the ruling that the sentence had to be tough because there was proof that the offences were well planned and that there was intention to cause bodily harm.
“The evidence from Mpasu and Sanudi reveals you were the ring leader and that you invested K10,000 to hire a vehicle, MN 528. You also carried a pistol while the other three who sat at the back armed themselves with AK 47 rifles, one sourced from as far away as Chikwawa.
“This shows that the crime was well planned and that you intended to use live ammunition that was capable of causing bodily harm,” said Chiudza Banda.
He also said there was a very thin line separating manslaughter Macholowe was convicted of from the murder count that he was initially charged with.
He said Macholowe’s conduct caused government to lose a lot of money and made the deceased police officer’s family to suffer through loss of their breadwinner.
Macholowe could not immediately comment on whether he will appeal against the sentence, saying he will need to consult with his attorneys first.
Banda also put to rest the debate that erupted in the court last week on whether Macholowe should be treated as a convict or first offender following his pardon last year.
He said a presidential pardon does not quash a person’s conviction as alleged by lawyer for Macholowe, Michael Mtambo, but said it merely reduces or stops the sentence. He upheld DPP Ishmael Wadi’s assertion that Macholowe is a convict of armed robbery and escape from lawful arrest.
Macholowe was pardoned on April 9 last year by former head of state Bakili Muluzi where he and four others were sentenced to 10 years for robbing Thyolo National Bank of K800,000.
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