Lutepo demands K1 billion from Times over sex story: Malawi cashgate prisoner files for libel against newspaper

Chief Cashgate convict Oswald Lutepo and his wife Gertrude, through Blantyre-based legal firm Joe and Max Chambers, are demanding K1 billion from Times Media Group for damages after filing a libel suit in the High Court.

Lutepo: Denies sex on sentence

Lutepo: Denies sex on sentence

The Sunday Times, one of the titles for Times Media, reported on Sunday that the convict was allowed to have sex sessions with a woman on May 31 at Chichiri Prison.

According to documents that Nyasa Times has seen and titled ” Claim for One Billion Kwacha damages for libel’, Lutepo has denied the claims, noting that the article in question aimed at preventing Lutepo from having his jail term reduced on account of good behaviour.

Lawyer Joseph Kamkwasi said Lutepo and his wife “deny having had sexual intercourse at the penal institution”  and state that they are fully aware that sexual intercourse is not permissible in Malawi prisons and “such instructions were fully communicated by the authorities when Mr. Oswald Lutepo commenced his jail term.”

The legal firm has since given Times Media Group, also publishers of The Daily Times and Malawi News, seven days to respond.

“We find the publication of your article repugnant to journalistic ethics as Mr. Lutepo was not contacted for his side of the story. We do not believe that prisoners have no rights to their reputation.

“We therefore have instructions to claim from you the sum of One Billion Malawi Kwacha being damages for libel on the footing of aggravated damage.

“Should we not get any positive response from you within 7 days from the date hereof, we have instructions to commence legal proceeding in the High Court without any further recourse to you whatsoever where over and above the amount claimed herein you shall be condemned to pay our costs,”reads the document signed by Kamkwasi.

Lutepo is serving a 11 year jail term with hard labour (IHL) after being convicted for conspiracy to defraud government and money laundering K4.2 billion, in September, 2015.

The sentence was handed down to him by the Zomba High Court but Lutepo is appealing against Judge Redson Kapindu’s sentence, arguing he was betrayed by the State and that Judge Kapindu disregarded his positive testimony in the trial and concentrated on the negative aspects of his case.

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13 thoughts on “Lutepo demands K1 billion from Times over sex story: Malawi cashgate prisoner files for libel against newspaper”

  1. Kabononkhola says:

    How did they alive at K 1 Bn Kwacha? Is it guess work or they work out some expenditures?

  2. Chifwalure says:

    Thank you so much Mr. Lutepo. Teach these Malawian irresponsible journalists a lesson. they always think they are untouchable. Deal with them thoroughly.

  3. Mtumbuka Sanga says:

    How did he arrive at a billion kwacha mark? It seems the guy is addicted to easy billions. The fact that a competent court of law found him to be a liar and a thief, it would be very difficult to believe his refutation that he did not chew carrot in prison.

  4. Mphwache says:

    Rights of Citizenship

    Convicted offenders are deprived of many of their Civil Rights, both during and after their period of incarceration. A majority of countries deprive citizens of the right to vote in all state and federal elections upon conviction of a felony. Even in jurisdictions where offenders can vote after release, they ordinarily cannot obtain an absentee ballot and vote while in prison.

    Conviction and incarceration for serious crimes can also lead to the total or partial loss of the right to start a lawsuit not related to imprisonment or to enter into a contract. Correction officials argue that permitting a prisoner the right to carry on business as usual creates an impossible security burden. Most states, however, permit a prisoner to be sued.

    The right of a prisoner to inherit property or receive a Pension can be affected by various state laws. Most of the legal disabilities to which prisoners are subject are upheld because they do not interfere with fundamental Human Rights. (Wikipedia)

    As far as Lutepo is concerned he has forfeited his right to start a lawsuit by being incarcerated in his theft case.

    1. Kanthu Ako says:

      Are you saying, when a prisoner forfeits their rights, everyone else has a new right to lie about the prisoner?

  5. Jelbin Makamo says:

    As far as I know is that when considering a lawsuit especially that of defamation you look into the mirror first, you look at your background. If you have a bad track record the fact that Lutepo has lied in court under an oath and that he is convicted of stealing public funds from public purse is enough evidence to dispute that Lutepo has no divinity or reputation left of him therefore no any competent court can reward a billion kwacha to him, mark my words. I do also wonder what kind of lawyer is Lutepo’s that could not advise him wisely oh i forgot lawyers are after money i mean they can tell you ‘you have a good case while they know the case is horrible to argue in a Court of law. For those questioning why they left out Nyasatimes, it is not because Nyasatimes is an online publication or owners can not be traced but its because Nyasatimes did only republish the story they are not the architects of the story and in their publish they indicated that the story was a republished one sourced from the times. Owners of any online publication can not publish anything online unless they register so that if they can flaut any laws the publication can be shut down.

  6. kankwalala says:

    Very good they shud pay him. Its an abuse to be honest. They have childre who goes on internet, neighbours etc kuchititsana manyazi a malawi always.

  7. Matako says:

    UnachiTa Iwe. Fokof!

    1. Mapwevupwevu says:

      Wadya iwe! Wadya iwe! Ukumwetulira! Ukunyambitila!
      Nanga wadya ndani zimenezizi?
      Nanga wadya ndani kumene kuku?

  8. Dr Tambala says:

    Why not sue Nyasatimes as well?

    1. Peter Nkosi says:

      Unlike NT, the Sunday Times has a print edition, and it has offices with physical addresses, and journalists with real names who can be located.Thus, ST is an easy target for a case such as this one.

      Where is Nyasa Times to be found for it to be sued? Is it not based in the UK, with its published content hosted on a server in somewhere like Outer Mongolia? How can it be proved that the people behind a defamatory story on NT are the ones who caused it to be published? Perhaps anonymous hackers did it?

  9. Wabwino says:

    What is your resposnse

    1. Racist McTumbukaFace says:

      Nonsense

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