Lutepo wants to be out of jail: Appeals cashgate sentence

Chief Cashgate convict Oswald Lutepo has appealed against the 11 year jail sentence handed down to him by the Zomba High Court on conspiracy to defraud government and money laundering, Nyasa Times has established.

Lutepo: Appeals

Lutepo: Appeals

In September, Judge Redson Kapindu imposed a stiff jail term on Lutepo who was convicted on his own plea of guilty for defrauding the public K4.2 billion.

However, Lutepo was not satisfied with the sentence and decided to file an appeal through his lawyer, Oswald Mtupila.

Mtupila filed for the appeal after studying the official judgment.

He told the press last month that going by what transpired in court, he was certain that there were some areas which provided room for appeal.

“Much as the judge tried to justify his reasoning on making such a harsh punishment on Lutepo, we are of the strong view that the principles regarding sentencing were not strictly followed. And perhaps the justifications which might be there were just used in a way to make harsh punishment for him,” argued Mtupila.

Mtupila said was optimistic of winning the appeal.

“The confidence comes because the law is settled; we follow principles which were already settled some time back through the doctrine of precedence. So, if you follow precedence sometimes you can predetermine what the outcome of the matter will be. Like cases will be judged likely and should be judged likely, of course, with a little bit of departure maybe from the law,” he said.

“Going by some laid down principles like mitigating factors, and aggravating factors and then sentencing, I think the judge might have missed some points of law here and we are going to look at that in more detail and then determine how we can frame our grounds for appeal”.

In his initial reaction soon after being sentenced last month, Lutepo vowed to appeal against the imposed jail term, arguing he was betrayed by the State and that Judge Kapindu disregarded his positive testimony in the trial.

Lutepo accused the Judge of concentrating on the negative aspects of his case.

The High Court slapped Lutepo, 37, with 11 years imprisonment with hard labour (IHL) for conspiracy to defraud government and money laundering K4.2 billion.

Conspiracy to defraud government attracted a maximum sentence of three years IHL while money laundering attracted a maximum penalty of 10 years IHL.

On the first count, both the State and defence wanted one year jail term, but the judge decided otherwise due to the gravity of the case and the suffering it has inflicted on the society.

On the second count, Justice Kapindu slapped Lutepo with eight years IHL, considering that convict cooperated with the State in giving information and that he restituted his property worth K370 million.

Kapindu said he handed down the stiff punishment on Lutepo considering the seriousness of the case. The sentences ran consecutively effective June 11 2015 when Lutepo was convicted.

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37 thoughts on “Lutepo wants to be out of jail: Appeals cashgate sentence”

  1. Andrew Droyer says:

    Theft is bad*

  2. KoKolikoko says:

    Zankutu zimenezo Alomwe tikadalamula musova enanuuu

  3. James kotoki says:

    Kodi mbavanumber one peter mukumuwopa?

  4. mtumbuka1 says:

    Mankhaule mlamu babaa( or whatever), you have forgotten to say dpp mbava, bingu mbava dpp yonse mbava! Don’t be selective in your my friend or you are one of those guys mukugwira ntchito yakupyela( kusesa) Ku ndata farm making pro dpp& peter noise on Nyasa times? You must that God there’s no opposition in Malawi just go to south Africa and ask zuma how much sleep he misses as the opposition pushes him to the edge to explain where he got the money to build his Nkandla house. At least a Malawi ndiwogona bingu made you believe he built ndata by using his salary and as if that kugona was not enough, you again chose his brother who was stealing with him. God heard your prayers and took bingu away but some people still voted for his brother and now they are crying to God to help the country again. Lomwe people thinks upside down all of you guys. You are a very special and unique bunch of idiots since you lack lots and I just said cos I can unfortunately there’s nothing you can do about it. You are such an annoying bunch of litter and I thank you!

  5. rough kwasambala says:

    Go go mtumpila milk a thin cow until it dies that’s ur last chance to make money kkkkkkkk

  6. Anthu ena ndinu autsiru inu up to this time you can’t tell amaba ndalama ndani? JB anakulakwirani chani God can’t forgive you

  7. musisipala says:

    Joyce Banda is an accomplice. He received a share and welcomed him in pp. Amayi kukonda ndalama. Koma lutepo musamuchepesere chilango. Koma JB next

  8. Chenda says:

    Which principles should we observe rather than refraining from bad practices or the consideration will be past. Yes, he has the right to appeal.

  9. PMW says:

    Kodi Za CAROLINE SAVALA zili pati?

  10. No laughing Matter says:

    Who does this guy think he is? People call him a businessman, young entrepreneur. This guy is a common thief who should not be glorified. 4.2 Billion kwacha is not small change by malawian standards and that is one of the reasons our hospitals do not have medicines. Does anyone imagine what that money could do to improve our economy? Yet this guy through the backing of his lawyers want to lodge an appeal. He is showing us the middle finger and he is not remorseful. It shows someone is safely keeping his loot somewhere. When he was sent to the cells he mentioned that he wanted to be a role model to the other prisoners. I don’t think he meant what he said. If he wins this appeal we are a doomed nation there is nothing to hope for. We could as well forget the meaning of justice and turn ourselves to a nation of criminals that can prey on each other. Finally do not underestimate the intelligence of ordinary citizens

  11. mtate mike rsa says:

    Who stole more money btwn Joice and the muthalikas and who is richer btwn these two family amalawifenso ndaanthu opusakwambiri chifuchan (ngakujimanya A)

  12. mankhaule mlamuu baaabaa says:

    set him freee, atuluke ameneyo,what are we benefftn wt hz arrest? abwere adzagwirirse ntchito ndalama zomwe anapatsidwazo. he wasnt a civil servant,onse oweluzawo okuba okhaokha, a director of pp mbavanso,ma lawyer wo mbavanso, akumuyang’anira kundendeko mbavanso, ma court clerk mbavanso,,anyansa times mbavanso,contributors mbavanso, inenso mbava, TOOOONSSSSEEE MBAVAAAAA ZOKHAZOKHAA, NDE mmmbavaa zikufuna kukhaulitsa mbava inzawoo,zimenezo nde za dziko la satana,nde apa lutepo abwere baaaasii nkhani yakhe taitokotaa kwanthawi ndipo mwini wakeyo analapansooo, amene ataweluze ku appeal ko amuchite akwitii.,

  13. Iwe lutepo usatinyase wanva?

  14. mfiti mayaya says:

    Please increase his sentence. Or else we shall deal with any stupid jugde who shall reduce lutepo’s jail term. The president should also never attempt to pardon any cashgate convict as that shall be sending a very very wrong signal to us law abiding Malawians. Kodi kasambala mukuchedweranji kumutumiza ku Mikuyu? Are you afraid of him? Or is it becos he is being prosecuted by the wakwithu judges? Tikukuwonanitu agalu inu.

  15. Chindere says:

    Let him appeal but the judge should melt him more years of IHL. I feel he feels the sentence was very lenient for him and hope the prison life is treating him much better than what Malawians who have sentenced him.

  16. Mr.Bambo says:

    Amene angamuone Lutepo amuuze kuti p*** pake.

  17. drakes says:

    Ana anjoka inu ndi Joyce Banda Malawians are suffering because of you and you are making team Govt to be very unpopular because of what you did.

  18. ochewa says:

    Aaaaaa koma ka lutepo kaona ngati anthu ayiwala.

  19. ochewa says:

    Wonjezerani zaka 5 zina akuona ngati anachita zabwino.umphawi ukutiwawa and ife ma doctor atichotsa poti palibe ndalama muyerekeze kumsithira downwards! Mulungu awotcha dzikoli teee! Lutepoooo shame.

  20. Likoma Economist says:

    I did not particuraly like Dr H.K. Kamuzu Banda, the original Ngwazi; but in matters of this nature, he would never waste court’s time and govt resources.

    He would simply round up all these kleptomanics, freeze all their assests, throw them in Mikuyu or Nsanje prisons, and swallow the keys.

    This was a deterrent to potential thieves. During Kamuzu era, very few, if any, ever thought of plundering govt resources. Lutepo is lucky that he was convicted in a proper court and slapped with a mere 11 years. He is taking a big risk by making an appeal. I am sure the higher court will add a few more years.

  21. Likoma Economist says:

    I did not particuraly like Dr H.K. Kamuzu Banda, the original Ngwazi; but in matters of this nature, he would never waste court’s time ang govt resources.

    He would simply round up all these kleptomanics, freeze all their assests, throw them in Mikuyu or Nsanje prisons, and swallow the keys.

    This was a deterrent to potential thieves. During Kamuzu era, very few, if any, ever thought of plundering govt resources. Lutepo is lucky that he was convicted in a proper court and slapped with a mere 11 years. He is taking a big risk by making an appeal. I am sure the higher court will add a few more years.

  22. No Retreat No Surrender says:

    Akapanga appeal , kumuthila nazoso zaka zina.. Azajaila

  23. JB says:

    Lutepo ameneyu Chifukwachani munamupatsa zaka zochepa choncho ? Impact ya kwa anthu osauka chifukwa cha umbanda wakewo bwanji si munaganizire? Athu ambiri akuvutika, kutaya miyoyo chifukwa cha kuba kwakeko . Ine nnamutuma ma bus okha ameneyu. Sanagulenso . Add him 20years asaseweretse mboma tatopa nayo nkhani yakeyo ife. Iwenso Mtupila kodi ndiwe mmalawi. Tikudziwa kuti anakupatsa ndalama zambiri . Koma ukapitiriza misala yakoyo nawe kilowatu. You think your hands are clean . Tikumvumbulutse kuti nawenso ndi benefactor wa cash gate ?????

  24. defender says:

    a court samalani milandu ya cashgate ikhoza kukuwonetsani kupepera, tizimvanso za appeal lero pmwe anthu tikuyembekezera kuwona ambiri akumangidwa? bwinonanzotu! mulindimbiri ya ziphuphu kale kkkk

  25. amuna mizada says:

    Amalawi timangoyankhula but we dont know kuti cashgate ili yotani mmaiko ena. Chofunika ndikuthokoza mulungu poyionetsa zimene zimachiyika m’boma. Just imagine panopa zapezekeka kuti Bingu government imachita chimodzimodzi and ndamene anaba zambiri though you are doing nothing to current government. But vuto lonseli amalawi amadya ndale, had it been we believe on development and know how to explore the riches from our natural resources zinakatithandiza zedi. What malawians together with their leader know is offering their resources to the foreigners and start begging the very same foreigners. Zochititsa manyazi zedi. Malawi has got rubby stones. Sapphire. aquamarines. Tourmaline. That can pickup our economy but we are giving americans. Amwenye and starting begging them. Shame. Malawi is a very rich country that doesnt deserve kupempha chithandizo even when they want kuti dollar itsike timadalira ma floods or njala yet we have got alot to export. May God bless Malawi.

  26. Concerned Malawian says:

    Just add on him another 30 years so that he should be their for 41 years! idiot

  27. Dausi Phiri says:

    Lutepoyutu mutampatsa zaka 42 simunalakwitse.Chifukwa impact ya ndalama ija anabayi tidzakhala nayo kwa zaka zambiri.

  28. Benson T Phiri says:

    Ukufuna utuluke ukabenso tangomupansani injenction waphere kapena nsima ya cement asatinyanse apa deserve life sentence

  29. Newborn. says:

    4.2 billion???? This is disgusting!! 11years is nothing.

  30. Stampycious says:

    Amalawi kupusa kwambiri, mukulimbana ndi Lutepo kusiya kulimbana ndi K577 billion yomwe akusunga Pitala inu mukuwona ndi maso anu, bullshit, leave Lutepo alone u bastards

  31. cotton says:

    Ok tamva, then add five more years.

  32. Counter Attack says:

    You have been convicted at the Court of Law because you were found guilty of all the offenses you committed. As a matter of fact you pleaded guilt of the charges against you. Now you have come into realization that 11years behind bars is something you can not stand. Let the judge make a mistake of granting you a bail, you will never serve the jail sentence because you will be a dead man fool. Who do you think Malawians are? Am waiting.

  33. Muonjezeleni zaka ziwirizo wokubayo!!kkkkkkkkkkk!!!

  34. Vwapuvwapu says:

    Chabwino, tiwonerepo kkkkkkk

  35. zeze says:

    Zibwana, awonjerezedwe zaka ameneyo, mphwawi yolemela.

  36. phwiphwi says:

    Akuonjera zina ziwiritu iwe

  37. Jimuni says:

    I am no Lawyer but I think there has been no precedence set to the tune of 4.2 billion.

    So you are really taking your chances, the Supreme Court panel will have their jaws drop on that argument

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