JB joins Lutepo case, obtains stay order against call logs

Malawi former President Joyce Banda through her lawyer on Monday made an application to High Court registry in Zomba to join Oswald Lutepo’s money laundering case as an interested party which the court has accepted.

Banda made application after obtaining an injunction preventing the release of her call logs to main suspect in the cashgate scandal and business tycoon Lutepo who is answering money laundering charges and possession of stolen property charges.

Lawyer  for Banda, Mauya Msuku  argued that producing the former head of state’s call logs “will be intruding in her privacy.”

He said: “That [obtaining call logs] would have infringed on the privacy of the former president as a citizen of this country. Mr. Lutepo asked for Dr Banda’s call logs uninterrupted from January 1 to December 31 2013. This is not in order because some of the calls might have been to her family members and friends.”

Lutepo’s lawyer  Oswald Mtupila pointed out that although Lutepo asked for all the call logs, only those relevant to his case would be used.

During the last seating, in September 4, 2014, Zomba High Court Judge Redson Kapindu granted Lutepo access to Banda and former budget director Paul Mphwiyo call logs for fair trial.

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.

Former justice minister Ralph Kasambara who is also answering to money laundering charges and also an attempted murder of Mphwiyo took to social media to react on Banda’s injunction on call logs.

“This is how it all begun. Today I am not shocked to hear that there is an injunction/stay order stopping Lutepo-charged with looting billion Kwachas-from accessing her call logs. By the way the State has all my call logs; and as I am writing my phones are listened to, recorded and what have you. All this courtesy of my former President,” Kasambara posted in his Facebook Timeline.

Lead Prosecutor in cashgate Kamudoni Nyasulu asked the court for the amendment of the new charge sheet.

Nyasulu told the court that their investigations revealed that Lutepo allegedly stole K4.3 billion and not K3.1 as earlier submitted by the state.

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.

The matter will come again for trial on October 17.