BY GOLDEN MATONGA & GREGORY GONDWE
An Investigation by the Platform for Investigative Journalism (PIJ) has revealed that Lin has been allowed to leave prison, spend days at home, conduct his business and go on shopping sprees in the company of prison guards.
While it is unclear who has sanctioned this, the police have promised to investigate on the back of PIJ questions. But, these investigations might be too late. The PIJ can also reveal that the notorious gang leader has appealed to get out of serving the rest of his sentence.
This appeal will be heard in Malawi’s Supreme Court on 29 May.
In September 2021, Yunhua Lin, the leader of a notorious Chinese gang illegally trading in wildlife products from Malawi and other countries in Southern Africa, was arrested and sentenced to 14 years in prison.
He was convicted of trading in rhino horn, conspiracy, and money laundering.
But the PIJ can now show Lin is not treated like other prisoners. Prison officials help him to travel in and out of prison.
Aside from being able to go home for periods, when Lin is outside the prison facility, he is left to walk outside without a prison uniform or handcuffs on, despite his conviction.
Surveillance captured Lin at his house, his farm in Lumbadzi on the outskirts of the capital city, in shopping malls, at a garage, and continually escorted by two or three prison guards in an official prison service vehicle.
There was no evidence of Lin being at a hospital or in court for these outings, which would, under normal circumstances, be the only time a prisoner would be escorted out of prison.
The evidence of Lin roaming in and out of prison to conduct business transactions raises questions about whether the wildlife smuggling syndicate he heads up is operating from jail, out of the public eye, as Lin pretends to serve his 14-year sentence.
The surveillance shows how he is allowed to switch to his own private vehicle once he has left the prison in an official Malawi Prison Services vehicle.
Who is Lin?
Lin is the head of the Lin-Zhang wildlife syndicate that arrived in Malawi from Fujian province, China, in 2014. He set up a merchandise shop in Lilongwe but it turned out to be a front for more sinister activities, including the trafficking of wildlife products and, as later exposed by the PIJ in 2022, grew to include the illegal l export of precious metals, including gold, and coal and later legal exports obtained via suspected bribery.
While Lin was sentenced to 14 years in prison for trading in rhino horn, conspiracy, and money laundering, other gang members include Lin Hui Xin (aka Huixin Lin), Lin’s daughter.
She was arrested in Lilongwe and charged with money laundering and registering a non-existent company known as Moni International Company Limited.
Lin’s wife, Zhang Qinhua (aka Huaquin Zhang), was arrested in July 2021 and was sentenced alongside eight other members to a total of 56 years in prison for illegal trade in wildlife products, including protected species like pangolins as well as rhino horn, elephant ivory and hippo teeth.
Incarceration Lin style
Evidence shows on 12 August 2022, Lin was at his farm under prison escort.
18 February 2023: Lin was at his Farm under Prison escort.
12 April 2023, Lin went out of prison in a prison vehicle, wearing civilian clothes, accompanied by three prison guards. They took Lin to a garage in Biwi, Lilongwe, called Singapore GT Investments before proceeding to Lin’s residence in Area 9.
In footage obtained by PIJ, Lin is wearing a purple shirt and a baseball cap. The name of the garage is visible in the footage and photos.
April 2023: Lin came out of Prison and went to his house in Area 9, accompanied by three prison guards. Lin stayed there briefly and then returned to Maula Prison.
30 March 2023: Lin was spotted outside the prison. Three prison officers and a driver brought him to his residence in Area 9.
31 March 2023: Lin went to his house in Area 9, changed his prison uniform into regular clothes and visited Shoprite at Gateway Mall.
PIJ’s investigations which can prove some days that Lin was out of prison, raise many questions, including questions about how many times he has come and gone from prison and who in the prison and political system sanctions this. Since he is free to leave prison and attend to his private matters, does this mean he is free to continue with the business of smuggling for which he is serving a prison sentence?
Meanwhile, Lin has lodged an appeal to be let off the remainder of his sentence. According to court documents PIJ has accessed, Supreme Court judge Lovemore Chikopa will hear the appeal on 29th May at 10h00.
Aubrey Kabisala, a security lecturer at Mzuzu University who, among others, teaches correctional services, confirms that the law only allows inmates on parole to serve sentences at home with supervision and medical attention. Court appearances are the only other times convicted inmates are allowed outside prison.
“The principle of incarceration, why you are putting someone in isolation, the incarceration itself suspends certain rights of a convict. Every other person has a right to do any other business, but if you are convicted, you cannot be doing business or going to the bank to transact,” said Kabisala.
Natural Resources Justice Network (NRJN) Chairperson Kossamu Munthali was asked to comment on the PIJ’s findings. He described the situation as “sad”, “serious’ ‘ and “shocking” and added that the actions were a “big joke” and a “serious mockery of justice” and called for heads to roll. He also warned that the country’s criminal system cannot afford to merely engage in a talk show to repair its image and public confidence.
“When you spend your meagre resources as a country to support a justice system and still see such interesting trends—where offenders are treated like this. This is quite serious. Any Malawian of goodwill wouldn’t want to hear such stories.
He added: “It’s really like the prisons are for the poor. We have already been robbed of precious minerals and resources; those responsible are left scot-free. It bears the question of whether we have the right people in these offices. These are serious revelations. We need the officers responsible to be disciplined. It can’t be a talk show again. This is so sad.”
The Prison Services Response
On Wednesday, the Public Relations Office at Maula Prison invited PIJ to a physical meeting to discuss our findings.
PIJ turned up at Maula Prison, and officials acknowledged that Lin’s outings, particularly visits to his house, farm and business premises, if proven true, amounted to lawbreaking.
The senior prison management also confirmed no inmate is allowed by law to put on civilian clothes while outside prison except when attending court hearings and said by misleading the prison on the places and his movements outside the prison, Lin was committing a crime.
Officials, led by the Officer-in-Charge only identified as Mr Mwale and his deputy, Station Officer Peter Kalawe, as well as officers from its public relations office, said they would investigate the allegations presented by PIJ. They did, however, claim that Lin was allowed outside on an unspecified “few occasions” to attend medical treatment at Kamuzu Central Hospital on referral from the health facility at the prison and on one occasion to visit the bank.
The office in charge said officers assigned to Lin on such outings committed an offence by allowing him to divert from his stated reason for exiting the prison to attend to other matters.
“We now fully get the picture of what has been happening, and we will brief the headquarters, who will decide on what could be done to our officers. But we need proof since these are just allegations at this stage,” said Mwale.
The national prison headquarters pledged an investigation in a written statement to the PIJ.
It read: “Here at the Head Office, it’s the first time we hear such news. Inmates have the right to go to the hospital and conduct transactions at the bank under the supervision of the officers assigned by the Officer-in-Charge as long as due process is followed. These are very serious allegations, and we are not taking them lightly. We have instituted an internal investigation to get to the bottom of what is actually happening. Should we establish that the allegations are true, then serious action will be taken against all that are involved.”
Malawi’s Minister of Homeland Security, Ken Zikhale Ng’oma, could not comment.