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Yusuf Sanudi, an accomplice of Clive Macholowe who is answering armed robbery and murder charges, was on Tuesday slapped with two separate sentences of six and half years imprisonment with hard labour for armed robbery and manslaughter.
The court further ordered that the sentences should run concurrently and because Sanudi was arrested in 1998, he was immediately set free.
“I sentence you to six years and six months imprisonment with hard labour for the first count. I also sentence you to six years and six months imprisonment with hard labour for the second count but these sentences must run concurrently. This means that you must be released from prison forthwith,” said presiding High Court judge Chiudza Banda when delivering the ruling.
Banda said he was lenient because Sanudi played a passive role in the armed robbery, unlike another convict Joseph Mpasu who actively participated by hiring a vehicle used in the crime.
“The court has found that your role was different from the one Mpasu played because he hired the vehicle that ferried the robbers who killed Fanuel. You Mr Sanudi did not participate physically in the robbery.
“If it were in the military, we would say you were a soldier who was recruited but given no arms or training and on the journey to the battle place he is told to go back and he is replaced with a more suitable person,” said Banda.
The judge added that the court meted out a softer punishment on Sanudi because he pleaded guilty to the charges and felt that the long period the convict has stayed in prison is sufficient punishment.
“ A person who pleads guilty may be expected to get a reduction in his sentence. The court sentenced Mpasu to seven years after taking a plea of guilty and other mitigating factors were considered but yours is a different case,” the judge said.
Banda’s ruling was interrupted by people who were celebrating Sanudi’s release. Most of them wanted to hug or embrace him. The police had to whisk him away from the jubilating crowd while he was still in hand cuffs.
Meanwhile the jury is expected to pass its verdict on Macholowe on Wednesday morning.
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