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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Timounza mwansambo
Guest

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.

Namiwa kambava
Guest

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.

Viola Kukonda Mahule
Guest

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..

Getu Undisamale
Guest

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.

Kamba
Guest

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.

chimwani
Guest

fotsekkkkkkkkk!

Alufeyo
Guest

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.

Penu says
Guest

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

sunderstar
Guest
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.… Read more »
Rosetta King
Guest

hope she goes to prison

wpDiscuz

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