The High Court in Zomba has dismissed former President Joyce Banda’s injunction stopping main cashgate suspect Osward Lutepo accessing her call logs.
Banda earlier this month Banda obtained injunction preventing the release of her call logs, arguing that
producing such information “will be intruding in her privacy.”
On Friday Judge Radson Kapindu reinstated the earlier court order allowing Lutepo charged with money laundering to access Banda’s call logs after she withdrew her intention to join the case as an interested party.
Justice Kapindu ordered that Banda’s call logs uninterrupted from January 1 to December 31 2013 should be granted to Lutepo by October 27th, 2014.
Lutepo can now access the data about telephone calls Banda made with former budget director Paul Mphwiyo, former deputy inspector general of police Nelson Bophani and former Justice and Constitutional Affairs minister Fahad Assani.
Banda’s lawyer Mauya Msuku rose and told judge Redson Kapindu that Lutepo can access the call logs.
“The application for a stay is withdrawn and the call logs can be produced to the court. These are call logs that are relevant to the case,” said Msuku.
On September 4, the Zomba High court had granted Lutepo access to Banda‘s and former Budget Director Paul Mphwiyo’s call logs from telephone operators.
Lutepo’s lawyer Oswald Tupelo pointed out that although Lutepo asked for all the call logs, only those relevant to his case would be used.
Apart from money laundering charges, Lutepo is also answering perjury charges and was recently arrested on charges of the attempted murder of Mphwiyo that took place on September 13 last year.
Lutepo, who handed himself to police on November 6 2013, has been a hostile an unreliable witness, changing statements now and again.
He is on a K50 million bail bond and he is also allegedly connected to the attempted murder of Mphwiyo and Director of Public Prosecutions Mary Kachale said he would be charged with conspiracy to commit murder.
The state earlier indicated that they will parade 14 witnesses, 3 investigators and 11 civilians.Follow and Subscribe Nyasa TV :