Judge dismisses Lutepo ‘senseless’ claim for costs: Wapona asks court for Kadzuwa’s K2m refund

High Court Judge Micheal Mtambo has ruled against application which lawyer for businessperson Oswald Lutepo made for the state to bear the costs of his case after he was formally discharged in the attempted murder former Ministry of Finance budget director Paul Mphwiyo.

Long walk to freedom: Dauka Manondo (left( and Kadzuwa

Long walk to freedom: Dauka Manondo (left( and Kadzuwa

The court determined that the prosecution had failed to provide sufficient evidence to implicate Lutepo, Robert Kadzuwa and Dauka Manondo in the conspiracy to commit murder charges they were facing.

Lutepo’s lawyer Osward Ntupila asked for a financial settlement to compensate for all his legal costs in the case, accusing the prosecution for wrongful dragging his client into tthe Mphwiyo shooting case.

But Justice Mtambo dismissed the application, saying it would be senseless for the court to award Lutepo costs for being wrongfully added to the case when he was answering monetary-related charges of theft and money laundering..

“It is through my discretion that it’s a matter of public knowledge that Lutepo is answering charges of money laundering amounting to billions so it’s senseless for the court to award some money to such a person. I, therefore, decline to award the costs,” the Judge ruled.

Lutepo is facing theft and money laundering charges amounting to K3.1 billion, tax evasion and perjury.

In another application to court, lawyer for acquitted Kadzuwa, Wapona Kita also applied that the State should return the K2 million cash which was confiscated from his client at Bvumbwe.

Director of Public Prosecution, Mary Kachale, objected to the application, saying the money hangs in balance since another suspect Macdonald Kumwembe, who Mphwiyo identified as the one who shot him, has been found with the case to answer.

However, Kita said in Kadzuwa’s caution statement shows that he is the owner of the money, which the state concluded it was payment of the shooting plot.

Kadzuwa and Kumwembe reportedly told the investigators that they stole the money from a stationary vehicle at Blantyre Shoprite but when they were taken to the scene separately they pointed at different spots.

“The two being found sharing the money which they might have stolen somewhere is a mere conjecture,” said the judge.

Justice Mtambo then ruled that Kita should make a formal application on the issue.

The court found former Malawi Minister of Justice Ralph Kasambara has case to answer on the charge of conspiracy to murder Mphwiyo

Two others, Pika Manondo and Kumwembe will also answer charges of attempted murder and conspiracy to commit murder.

This means on May 22, Kasambara, Pika Manondo and Kumwembe, will start defending themselves to prove their innocence in the shooting of Mphwiyo on September 13 2013.

During the trial, prosecution paraded lead investigator in the case, Assistant Superintendent Kankwala Chilinda, Kasambara’s former maid, Jesse Mussa, Doctors Carlos Varera and Hetherwick Ntaba and Mphwiyo’s guard among others.

The testimony and call logs submitted as evidence from Airtel Malawi may have influenced the decision to have Kasambara, Manondo and Kumwembe remaining on the conspiracy to commit murder charge sheet as it showed that the three were constantly communicating prior to and after the shooting occurred.

“Although the first accused [Kumwembe] said he was in Mozambique [at the time of the shooting], Airtel evidence puts him in Lilongwe on the day of the shooting. In cross-examination, it was implied that he left the phone with his wife, but could his wife have been criss-crossing the country, communicating with friends of the first accused person and sending messages showing panic with friends of the husband? Evidence also shows that the first and third accused persons [Pika] were in communication prior to and after the shooting,” Mtambo said.

He added: “I find that the State has made out a prima facie case on the first accused person requiring him to enter defence.”

Mphwiyo was shot outside his home on September 13 2013, an event which seemed to have unravelled the massive plunder of government resources at Capital Hill later dubbed Cashgate.

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24 thoughts on “Judge dismisses Lutepo ‘senseless’ claim for costs: Wapona asks court for Kadzuwa’s K2m refund”

  1. Boyd L Mogha says:

    God is finally smiling on malawians who died and ofcourse we are still suffering bcoz of the greed of these murders who seek shortcuts and evil as a way to riches.It is quite surprising to see well educated people like the RK, Paul Mphwiyos,OLutepo get involved in such cases.It is all due to satanism and lack of Jesus in their hearts that makes them forget about the plight of fellow malawians.

  2. zaluma says:

    No 11 you are a liar. LUtepo is not a Chewa but a Hinyahinya. If you hear someone comes from Kasungu, then you conclude he is a Chewa. Umbuli eti. Know your people and country. Paja ndiwe munyasa wodya ganja eti. Ndakukhululikira.

  3. ambuya chik kay says:

    Ma judge ena ndi a nzerudi eti

  4. Mananga says:

    Sorry Kasambala u shall reap what u sow. I cant wait for that judgement day. Sorry for ur innocent wife who wz my classmate in my 20s and sh used to be a very good friend of mine. RIP.

  5. Mwendanato says:

    Lawyers greed thats why he pronounced that he was glad his client was set free and that he had room to sue for unlawful arrest. All lawyer standing for suspects in the cash gate and attempted murder or conspiracy should be very careful with all you dirty tactics you are employing because lives of people were lost, bodies of dead people rotted and people are suffering because of these very people you think you are protecting. But be rest assured that Mulungu akuwona ndithu ndipo can hears cries and heard cries. May the God who is not slow to see and act graciously be with you and ……..

  6. tikhala says:

    My happiest moment would be to day that satanic worshipper Rahael gets locked up. I cat wait

  7. Tinathawila ku john chifukwa chambuzi izi,zatidzudzitsa apanikizeni mpaka a SAWUKE, zikuonetselatu kuti tsiku la 40 lasala pang’ono musevabe basi 14 year.

  8. Inhumane Rights Activist says:

    Dauka Man-On-Do! He was a very skillful footballer when we were at St. Patrick’s Secondary School in Mzedi. We used to call him Man-On-Do. From the well to do suburban family in Area 12 Lilongwe. Now he has been reduced to such a state. It’s indeed beggars’ belief. I hope after this he seeks absolution of his sins from God and map the way forward. Better lead a modest life that use short-cuts to riches. Your father, a career professional civil servant then, an educationist, would not have wanted his children to be identified with thuggery and banditry like this. Man-On-Do, Dauka, seek God’s repentance. I rest my case.

    1. Tinkanena says:

      Oh didn’t know that he was son to my former teacher at Malosa Secondary School in the 70’s. Sad indeed

      1. Inhumane Rights Activist says:

        How sad. Indeed. A wonderful educationist and then his children are linked with thugs because of seeking the quickest way to riches and fame. Work hard in school and in everyday life and on top of it all, pray hard. Look an Paul Mphwiyo, how he was flying high in those elitist pubs in Lilongwe where Carlsberg was then sold at 900Mk per bottle. A Chanco graduate of Economics and Ivy League-Columbia University of New York, an ex-seminarian, now look at him. Inside his body is a scrap of a bullet that will remain there forever. Why? Money triangle gone bad! Dirty money. Just like black diamonds.

        Please, young men and women, we need to pray and work hard faithfully. We had Kwacha Ghambi, Clive Macholowe, Sam Mpasu’s son, Chilomoni baby? What happened to them? Let us reflect on this and pray, let us repent before our God Almighty if we are still alive but do not seek short-cuts to riches please! Learn from Thomas Chataghalala Munthali’s article in the Weekend nation called “Your Personal finance” and try to live modestly. I rest my case.

  9. Maximum Prison says:

    So long we have known that we have murderers in our midst! God will give the final judgment not these corrupt judges!

  10. Pacharo says:

    Reaping what you sow.

  11. Cathy says:

    Point different spots ukatambatamba sikuchedwa kucha

  12. Kanyimbi says:

    If you remember, I wrote that Lutepo will walk out free. This man is a son of a chewa headman who is a sangoma.

  13. matuwale says:

    Malawi @ 51

  14. Mtonga wa pa phata says:

    ndalama amapanga nazo chani , taonani kutuwako as if they dont rob? ndalama za magazi ndi choncho zimakhala zotembeleledwa.

  15. Zanga Phee! says:

    It sounds better now, at least we know where we are heading to Thank you Mtambo and Kachale that is what we have been waiting for, we need our money back come rain come sun Now you will see Mr Kasambala Mentioning the JB the Phoya and other crews.See my name.

  16. nana says:

    Zauchitsiru lutepo wamva

  17. brutsha says:

    Nawonso awa madzi timamwa chonchi? Mpakana masaya kupwanthika choncho!

  18. Jimmy juga says:

    Gud determination wadya zambili lutepo ndi amake

  19. I wish to congratulate judge Mtambo for objecting the money claim by lutepo. That ruling has given us confidence in our courts on this case. Infact this case must be treated treasonous simply becoz the thefty of these huge moneys destroyed govts’ ability to function and provide essential services to its people.

  20. Leveleve Nampwache says:

    Zonse adziwa ndi Mulungu!

  21. Real patriot says:

    Mayesa tinamva kuti Lutepo anapenga misala and he is not fit to stand trial.Misala yatha mpakana to claim the damages of 2million?Malawi is so soft for these crooks.Those Asian tigers country changed because of taking a hard stance on corruption.If you let corruption rife in the country then all these reforms are useless.Pano osayang’ana nkhope if you want things to change in Malawi.kaya ndi politician,lawyer,accountant or whatever status akalakwa alakwa basi akalowe.Basi ndende kungozaza ndi anthu okuba mbuzi ndi nkhuku chifukwa ndi choti ndi amphawi while people still billions are let scot free.Pali chilungamo apa?

  22. Disgruntled tax payer says:

    Throw all these thieves in prisons.No need to glorify these thieves who have been looting Malawi left,right and centre taking themselves to be untouchable like Sicilian mafioso of Italy.The Italians had to chop off the head of the ring reader and the rest was history.Malawians can’t be suffering just because of some few greedy crooks who thinks money is more necessary to them than the struggling tax payers footing bills for these crooks.All those billions should be returned otherwise they will be a revolution in this country.Lawyers should learn to have morals over their education.You are pretty sure that you are defending crooks who are ripping off your country and your cousins are dying in hospitals from preventable because all the money has been stolen and you want that fees from that looted money?Is this true?Enanu Ndalama zimenezo mutenga nazo matembelero.Mulungu akukantheni pansi pano ndi dyera lanulo.Mwazumza mtundu wa amalawi kwa nthawi yayitali ndi sukulu yanu yopanda nayo ma morals.

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