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Victor Sithole withdraws appeal

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Cashgate convict, Victor Sithole, has withdrawn an appeal against his conviction and sentence which he filed with the High Court two years ago.

Sithole, who is currently, serving a nine-year jail term, was convicted of charges of illegal possession of foreign exchange, being found in possession of property suspected to have been stolen and money laundering.

The charges related to K112 million, $31,850 and R122, 200 that was found at his house in Area 47.  According to an order made by Judge Chifundo Kachale, Sithole filed a notice of withdrawal of the appeal on October 1, 2016.

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“On 25 October, the state applied to the court for an order to dismiss the appeal to enable the state to effect execution of the orders of the lower court on asset recovery. On the appellant’s notice withdrawing the appeal and on the prayer made by the state, I accordingly order this appeal dismissed,” reads the order.

Private prosecutor, Kamudoni Nyasulu, has been representing the state, in the case.

Sithole initially filed the appeal when his lawyer was convicted former justice minister, Raphael Kasambara. According to court records, Sithole wanted the court to dismiss his conviction and sentence.

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Then, according to court records, he argued that at the close of the prosecution of the case, the trial magistrate erred in law and fact in holding that he had a case to answer on all counts.

Sithole also argued that the court erred in law in convicting him when there was no evidence to support such convictions.

Senior Resident Magistrate, Patrick Chirwa, convicted Sithole on October 25, 2014 and sentenced him on November 4, the same year.

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