DPP Kachale deals deadly blow to Lutepo’s cashgate confessions

DPP Kachale: No legal framework for plea bargain

DPP Kachale: No legal framework for plea bargain

Lutepo: Media confession not helpful

Lutepo: Media confession not helpful

The Director of Public Prosecutions (DPP), Mary Kachale, has explained that at law, a criminal offence confession by a person is only evidence against him and no other person can be convicted on the basis of a confession made by another.

In a statement, Kachale said the mentioned person might only be liable if they adopt the confession in which they are mentioned or implicated.

“It is for this reason that it is imperative for investigating authorities to subject such confessions to verification to determine the truth and also to cross check if any accomplices mentioned in them did play the roles that they are alleged to have played. However, the investigator may use the leads in a voluntary confession,” reads the statement published in The Nation of Thursday, December 18, 2014.

The DPP’s ‘clarification’ comes fast on the heels of confessions and revelations by chief cashgate suspect Oswald Lutepo, who recently alleged that he was engaged by the former President, Joyce Banda, to siphon huge sums of money from Capital Hill.

He told a local radio station part of the loot was duly ‘surrendered’ to the former Head of State every time it materialized.

The DPP noted in the statement that some accused persons in the on-going cash gate trials have approached the office of the Director of Public Prosecutions and the Anti Corruption Bureau in writing and otherwise, seeking to confess their crimes and to render assistance to these offices by revealing the names of their accomplices.

“Most have been doing this proposing that the prosecuting authorities agree to persuade the court that they be given non-custodial sentences in respect of the offences they have been accused of,” reads the statement, adding that so far, “and to the best of my knowledge”, the prosecutorial offices have not entertained any such requests for two main reasons.

“Firstly, because though the Criminal Procedure and Evidence Code makes provision for plea bargaining, the procedural framework for plea bargaining is supposed to be set down by the Chief Justice and so far no such plea bargaining rules have been promulgated. Hence, there is no legal framework within which any plea-bargaining arrangement can be made.

“Secondly, because the expectation of the accused persons that if they confess their crimes the prosecuting authorities should agree to support Defence proposal for non-custodial sentence is a mockery to the suffering Malawians have endured as a consequence of the accused persons role in the plunder of Public money in 2013,” reasons Kachale.

However, the DPP explains that it is in the public interest that society must get to know the real story behind cashgate and that all offenders must be tried and those found guilty must face their due penalties.

One way of getting to the bottom of the case is through audit and investigation, she says.

“So far the persons now before the courts were discovered through such audits and investigations. Another mode of getting to know the truth is through voluntary confessions by the accused regarding their role in the crime. The law recognizes both modes but sets strict parameters within which the latter may be utilized.

The DPP noted that all accused persons have the right to remain silent and “my office and the investigating and prosecuting authorities will not force or induce anyone to make any confession”.

However, she said, as individuals are free to waive their right to remain silent, those that want to divulge their version of events should only do so voluntarily.

It is advisable that they must have consulted their lawyers prior to engaging law enforcement offices or indeed the general public with their confessions, she adds.

She said confessing in the media “may not be helpful”.

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42 thoughts on “DPP Kachale deals deadly blow to Lutepo’s cashgate confessions”

  1. Timounza mwansambo says:

    Lutepo who is currently pararised made a deal with boma so that he implicates our one and only president Mai Joyce Banda. Koma zapanga backfire as everyone even within government knows that Amai is innocent. Keep it up kachale.

  2. Namiwa kambava says:

    Pitala is useless. I thought he had vision for malawi but alas useless. As someone who works at state house i can confidently say the president is lame duck. Its is his blue eyed boys who make decision while he is drinking whiskey.

  3. Viola Kukonda Mahule says:

    Lutepo is finished. You dont just implicate people without legal basis. If that was the case then all of us would have been in jail because a suspect would have simply walked in cout of law and implicate an entire village without basis. Thamks mai kachale for teaching people like lutepo some lessons.
    Joyce Banda has no links to cashgate i repeat JB has nothing to do with cashgate..

  4. Getu Undisamale says:

    Mary Kachale is very professional state advocate. She has refused to be used. She has refused to play any politcal games? She has refused to be played for a fool by lutepo. We all know dpp govt is desperate to have JB involved thats why they connived with lutepo. At same time let me say that dpp as a party will soon reap fruits of its follies. You dont use govt machinery to pounce on your opponets. Bravo mai kachale.

  5. Kamba says:

    Zowona zake mzakuti lutepo this is a fact which can proved beyond doubt. Coz ndalama zambiri monga cheque cha MK1 billion kukakasha kubank popanda wamkulu?
    Amalawi tinakhala bwanji? Komanso paja abiti anali mrs kachale ali mtsikana osagwa bele. So DPP mai kachale akuteteza m’bale wawo apa. Koma kunama lutepo akunena zowona amai amamutuma.
    Anyway kodi abwera liti amalawi ku maula anola zida zawo kale kudikira zizagwire ntchito akamumanga kkkkkkkk.

  6. Alufeyo says:

    No 34 just shut up and listen. Lutepo was already involved in theft as evidenced by his company’s involvement in the 92 billion kwacha. JB suspected that Lutepo was stealing but senior ministers convinced her that Lutepo was a very successful business person. Even Chilima benefitted from cashgate and this is common knowledge. JB was naive but not a thief. You may also wish to know that as we are exchanging notes billions are being stolen.

  7. Penu says says:

    LUTEPOTU ANGOFUNAKUIPITSA MBIRI YA MAYI WATHU JB APA. IYEYU NDALAMAZO ADABA YEKHA OSATI AMATUMIDWA NDI MAYI J.INU A DPP NDI ACB PAMODZI NDI AMAKHOTHI CHITANI NAYE LUTEPOYO . MUSAMUSIYE KUMANGOTANDALA M’MISEU YATHU YOMWE

  8. sunderstar says:

    Why are PP sympathisers all over condemning Lutepo and elevating Joyce Banda and demonising DPP as people behind Lutepos thieving. We know some of yu writing here are beneficiaries of the Loot and you are defending a person who robbed the Nation without fear
    she ransacked our coffers clean and is causing Malawians to suffer like hell, and yet not ashamed relying on the corrupt systems to vindicate a thief, but the truth of the matter is , she organised a very bad criminal ring in conjunction with our corrupt Bank systems to loot and deposit money in many Accounts. Even if she will be proved innocent by our corrupt systems, the System of GOD in heaven will catch up with her.What she needs to do is to confess and apologise to Malawians or else the wrath of GOD will catch up with her.

  9. Rosetta King says:

    hope she goes to prison

  10. EYES says:

    Kachale should go back to school and learn more on evidence. what Lutepo did was to implicate his accomplice in crime. lutepo made his side known that he was stealing on behalf of JB.

  11. Petro John says:

    Lutepo ndichikhukhuza chako so called Peter mwapenga misala asiyeni amayi apume.Dziko lakulaka ndiye wati uipitse mbiri yaAmayi,walephela mani 92billion idzakupeza uchonganso siunati ayi chimunthu chaKuZimbabwe ichi,nonsense.

  12. MKWAPU says:

    LUTEPO SHOULD ROT IN JAIL

  13. chefourpence says:

    its not a ‘blow’ its a legal fact

  14. Chabecheker says:

    Dpp be progressive please. Your ministry has to draft and recommend rules on plea bargaining for the chief justice to promulgate:not only for cash gate cases but any criminal cases:however the initial judicial discretion still remains with the dpp to have negotiated justice with regargs to particular facts subject approval by the trial court.

  15. Ukunama ndalama zankhaninkhani zimenezi sangazitulutse yekha Lutepo.Musiyeni alankhule zomwe akudziwa ndi ufulu wake kutero.

  16. bubu says:

    zikadakhala kuti adaba nkhuku kapena mbuzi nkumaulura pamsika piano onse mutawamanga kale. kumwamba koma adzaweruza mwachilungamo, komaso sipadzakhala mzimayi or mngelo wankazi.

  17. Idi amin says:

    zisiyeni izi Muluzi anaba koma what happened to him?.

  18. Zayamba kuwawa ndikuning’ina

  19. kamwendo says:

    http://www.kamwendo.com shere me mr Lutepo if you still having chithumbacho

  20. chibwatiko says:

    Tiziona momwe zithere bola moyo.

  21. douglas says:

    Lutepo dolayo unaba wekha
    asiyeni amayi ageire ntchito zofunikira. Oooooooooooooooodi uko

  22. tuvitwana says:

    STUPID ZODIAC, WHY WASTE UR AIRTIME WITH A FOOL LIKE LUTEPO? NANUNSO MUMAONEKA 2B PARTISAN, WHY ZODIAC WHY?

  23. White Achiwajinji says:

    If Lutepo consulted his lawyers, They would have advised him to remain silent as it is common knowledge that any utterences would be self implicating evidence against himself. Unfortunately he fell into the trap of listening to politicians thus he has to bear the consequences.

  24. ndumu says:

    koma kumeneko!!!!!!!!!!

  25. Kau says:

    Sisi kapena wigi?

  26. Watereka says:

    Walutepo uyu tione zina

  27. Munyasiwa says:

    What a confused man? Today he claims in writing that the cashgated money is his. Tomorror he says no he was surrendering proceeds to JB. Nkumati pepani dziko likuvuta kuyendetsedwa chifukwa chaine! What? Where is the 92billion before you can conclude. Kulizii . Wakuba ndi ndani?

  28. M'Malawi Weniweni says:

    How can Nyasa say that DPPs statement is a blow to Cashgate? What Lutepo said is useful material for investigators to investigate JB. Actually, this is how all collaborators are prosecuted by confessions of fellow law breakers

  29. Tonde says:

    Mmmmmmmmh!

  30. Alungwana says:

    I now see how difficult it shall be to arrest JB and find her guilty. I see how lonely Lutepo shall be in the prison gates. I dont trust Lutepo. Wait. He will comfess that he was forced to implicate JB by the DPP governmemt. Just wait

  31. Marioshona man says:

    Please regargitate what you have read before comenting.

  32. Bwampini says:

    If she means what she says, we can have justice about cashgate. The govt must leave the relevant pple to deal with the cases. The media should not guestion any suspect while the cases are already at the court of laws. That is totally unconstitutional. Even APM knows about this

  33. Konyani says:

    Lutepo ndiwakuba amangidwe basi, amalawi tabvutika ndi cashgate heavy

  34. Fwefwe says:

    Part one was Actor Lutepo confessing via Zodiak. Part 2 Nankhumwa with CCTV evidence featuring JB and Lutepo @ palaces. The cctv ? Delivered ? Still in Transit.. Now game ndi fwefwefwe, Malawi woyeeeeee!

  35. Think Tank says:

    Lutepo is open to be manupilated by the highest bidder. DPP(party) is very eager to shame JB in anyway. Whatever Kachale has said means nothing to the party. Damage was inflicted as they wanted to. Being short-sighted they went ahead making funny of themselves with “handing over” of cctv “tapes”. We saw through the schemes. Who said women dont deliver? Yesterday it wa MHCR giving its verdic on elections. Now DPP(officer) says this. Both women who dont do things for favours.

  36. Kamchitete says:

    lutepo will die followed by apm before mid next year.

  37. Charles Harawa says:

    Law enforcement officers can still use the confessions to conduct corroborative investigations, which may ultimately implicate Joyce Banda. The fact that the confessions may not be used for plea bargaining purposes is an insignificant collateral matter.

  38. Chipatala Cha ku Thyolo says:

    It is clearer now that Lutepo has chosen his place and role in this whole cashgate affair—that is to be a pawn that panders to the highest bidder. He has allowed himself to be used as a lap dog by the DPP in order to deal with Joyce Banda and the leadership of the previous government. It is an open and shut case.

  39. GETELUDI MUTHALILILIKA says:

    It is all part of a carefully concocted theatrics meant to hoodwink the DPP government to let him off the hook. Mr. Lutepo is an opportunist whose history of business and riches is littered with dubious dealings and not-so-straight-forward practices. Mr. Lutepo shrives on bad-mouthing business compatriots and his companies have always been on the wrong side of the law for tax related crimes. Mr. Lutepo joined the People’s Party not for the love of the party. His interest was primarily to safeguard his huge business interests. He was looking for favours and protection when he does it wrong, as he usually does. Mr. Lutepo’s lies and half–truths are therefore not coming as a surprise. It is something that is spread in his blood like an HIV virus, and ready to devour its unsuspecting victim. He has already shown that he is an invertebrate without spine. He can sing and blab, like a bird at every push.

  40. GETELUDI MUTHALILILIKA says:

    Chief cashgate suspect and businessman, Oswald Lutepo, does not cease to amaze. On Friday, November 21, He spoke to Zodiak Broadcasting Station from his alleged ‘hiding’ place. As expected, Mr. Lutepo subjected Malawians to his now familiar narrative about cashgate and the people that he thinks must be involved.

    This time round, his victim is former Head of State, Joyce Banda. Lutepo alleged that he was engaged by the former President to siphon huge sums of money from Capital. The loot was duly ‘surrendered’ to Her Excellency every time it materialized. Mr. Lutepo claimed he is not at peace and that he is now a poor man, having been arrested and tried in courts for what he did, on behalf of others.

    He went on to apologize to President Peter Mutharika for making his job difficult (donors have withheld their funds because of cashgate).

    Many people may now have lost count of how many times Mr. Lutepo has come out in the open to ‘tell the truth’ about cashgate and the role he played to find himself with K1.2 billion in loose money without rendering any service to government.

  41. Peter Mathanyula Wakuba says:

    Hahahahahaha. Wabwera bhooo Mary. ameneyu amatitopetsa ndi ma confession akewo. Try him and convict his ass already.

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