High Court Judge Patrick Chirwa has set the sentencing of former Minister of Information Henry Musa and former Director of Information Gideon Munthali to Thursday next.
The two convicts appeared at Lilongwe Magistrate's Court on Thursday for sentencing mitigation following their conviction a few weeks ago
The State appealed that the two offenders should receive a custodial sentence regarding the fact that the offence the two committed is a serious one.
The lawyer representing Mudsa in the case requested the court to consider giving his client a fair sentence considering the fact that Mussa is 71 years old and has already submitted the whole amount of money and returned the item to the government.
In October last year, the court convicted Mussa and Munthali for stealing government computers and a genset.
During oral submissions for sentencing, the convicts lawyers asked the court to consider a non-custodial sentence on basis that the two are first offenders.
But the state earlier in their submissions told the court that though the accused had paid K7.6 million for the items in question they should be given a custodial sentence.
The two have been on remand to Maula prison for four months since October last year.
Lawyer representing first convict, Gideon Munthali asked the court for leniency in sentencing, considering that his client is a first offender and that all the items in question were recovered and there is no loss.
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Apart from the state recovering the items in question, he said that the convict has been truthful, cooperative with the court as well as prosecutors including being punctual in attending court proceedings without unnecessary adjournments.
He has therefore asked the court to consider a non-custodial sentence or at least a sentence of one and half years.
According to state submissions, the offences were pre-meditated saying evidence was shown there was proper planning and execution of the offence citing the WhatsApp messages.
The state said the first count attracts a maximum sentence of seven years imprisonment, and theft by public servant attracts a minimum sentence of two years and that of receiving stolen items attracts a sentence of 14 years imprisonment.
This is according to the first submission, however there were also supplementary submissions after other developments of which the state has to make submissions on the same.
Mussa, a former cabinet minister, and Munthali a journalist were convicted last year in October and are yet to be sentenced for conspiracy to commit felony, theft by public servant and receiving stolen items: 10 computers and a genset.
