Judge refuses Lutepo ‘special’ prison treatment, orders forfeiture of assets: Malawi cashgate

June 17, 2015 Thom Chiumia -Nyasa Times 107 Comments

High Court Judge Redson Kapindu has rejected a plea by convicted businessman Oswald Flywell Lutepo to be  given  special privileges in jail.

Lutepo was on Monday June 15, 2015 convicted on his own plea of guilty on charges of money laundering and conspiracy to defraud government of K4.2 billion (US$9.3 million) between April and September 2013.

Lutepo: No priviledges as a convict
Lutepo: No priviledges as a convict

Laywer Oswald Mtupila asked the High Court in Zomba to give the convict special jail treatment and facilities, fearing that Malawi prison conditions would be too harsh for someone with Lutepo’s mobility challenges.

The convict is now confined on the wheel-chair and his lawyer said physically, Lutepo remains in poor condition. He asked the court that Lutepo should be given prison conditions that are not overcrowded.

But in his determination, Justice Kapindu rejected the bid, saying Lutepo will face prison treatment like any other convict serving jail term, saying the two psychiatric experts who examined him stated in their reports that Lutepo did not have mobility challenges.

Lawyer Mtupila stated that whilst the psychiatric findings of the psychiatric experts could not be faulted, their findings on the physical condition of Lutepo were most probably made in error, on account of the observable practical reality.

He stated that this observable physical reality could be attested by Lutepo himself and his relatives.

“The Court declines to make any order for the special treatment of the convict in prison,” said Judge Kapindu in his ruling seen by Nyasa Times.

“ The Court has on record expert findings on the condition of the convict and unless these are displaced by more competent specialist findings, the Court will stick to the findings on record,” he added.

The Judge said Lutepo is within his constitutional rights to make application to Court bringing “special considerations” for his treatment in prison should he have proper and convincing evidence to justify such application.

“The Court therefore orders that the convict will be held in prison in conditions consistent with human dignity as they apply to all other prisoners in prison, which are consonant with the lawful principles, procedures and protocols applied by the Malawi Prisons Service from to time,” ruled Justice Kapindu.

Meanwhile, the court ordered that, all Lutepo’s property should be confiscated by June 25.

Applications for pecuniary orders will be made as a form of punishment for Lutepo if he fails to pay the money laundered through his companies, among them International Procurement Services (IPS) and O and G Construction.

The Judge also said all his assets that are outside the country should be returned to Malawi by June 19.

Director   of   Public   Prosecutions,   Mary   Kachale, asked the court to defer the imposition of sentence on Lutepo, while enquiries are made to identify, value and restrain his property.

Kachale said: “We thought it wise to look into the beneficiaries of the convict first so that they should be returned to the government.”

The prosecution argued that convicted criminals like Lutepo must be put in the position they were before they committed the crime or be made poorer than before and also generally be taught that crime does not pay.

“In money laundering offences, courts must never   shy   away from   issuing   confiscation   orders   and/or pecuniary penalties where necessary. Whilst in many cases prison terms are germane, it is imperative to ensure that in addition to such prison terms, thieves, fraudsters or launderers should not derive financial benefits from the proceeds of the crime subsequent to their conviction and sentence,” said Judge Kapindu.

Reyneck Matemba , the Deputy Director of the Anti-Corruption Bureau, stated that the State is aware of various properties belonging to Lutepo that should be among those assets that will be the subject of the confiscation order sought.

The prosecution has stated that its application for confiscation will target assets that are of substantial value to meaningfully make restitution to the State.

Lutepo becomes the seventh person to be convicted on Cashgate-related charges since arrests began in 2013.

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107 replies on “Judge refuses Lutepo ‘special’ prison treatment, orders forfeiture of assets: Malawi cashgate”

  1. hey hey life in prison ameneyo please achewa inu pa ntumbo panu!!!pamisundu pino mwe ise yisuzgikenge imwe mwibe matambala akawe uyoo

  2. Where are the people whom you were serving Mr Lutepo? You did say at one point that you were only, just but, a conduit for the bulk of that K4bln. This should be a lesson to all of us. Better to crawl into riches than to sprint into them.

    I wake up at 4 am everyday and get back home around 7 pm, some days without making even one single invoice/kwacha. But tell you what, the peace of mind and freedom I enjoy are worth a lot more than the K4bln Mr Lutepo enjoyed, for what we now can see, as only a short time. There is no question about you having lived a superficially enviable lifestyle in those haydays.

    I do not feel sorry for the likes of him, not for one second. One day in jail (especially, our type of jails) should be like a lifetime. Next on the list should be ada Mphwiyo and may be someday we will net the real “BIG FISH”. It may be just a question of time. One thing is for sure and that is that all those involved do not enjoy total peace of mind; always wondering when the long arm of the law will catch up with them.

  3. for your own information, justice kapindu is now a full professor and it shows that he is real professorial material osati za amathanyulazi where one wonders how they became professors!

  4. Zoopsatu izi, muzunzitsa ana komanso nkazi chuma chikalandidwa. Kulemela simadulira.Mulungu athangatire banja lako panyengo yowawayi and be praying for a health life.

  6. azikazi mumawanyenga aja ndikumawagulira magalimoto azakupatsani nsima ku zombako? lifeis very unfair.

  7. This is the only reputable, sensible and respectable judge ‘Second Daniel’ since Malawi became independent kumeneko ndiye kugamula osati mbuzi zina za ma judge.Mulande china chiri chonse chomwe ali nacho watibera misonkho yathu mokwanira koma mkazi wake yekha mumusiire kuti azithetserako nkhawa.ooo1 NDINAIWALA PANJA AKHALA ALI KU NDENDE komabe choncho azingomuona.

  8. All the cashgaters convicted should pay back the money with interest.Malawians have suffered alot because of these evil greedy people.Lock them up and throw away keys in Lingadzi river.After this,we should start the 92 billion.Pitala should not should shield his thief cohorts.They all need to be arrested and pay back the money.You should also add more years for Treza Senzani.3 years is not.Muwonjezezereko ka 0 kuti ikhale 30.

  11. STILL WAITING FOR MPOOLA…KASAMBARA..NDI ENA AMBIRI..ONSE ADZIWE KUTI MAKOBILI TIMAGWILIRA VEPS OSATI KUMANGOTAPA ASAAAA

  13. This kind of judgement is a good point of departure. Africa is poor bcs of these greedy leaders. Who else is to me for the same fate?

  14. Mr oswald lutepo,
    Are u a wheelchair bound and since when? I have danced kwasakwasa with u several times and u jumped like a goat on the dancing times in pubs. That time u were enjoying the proceeds of crime and u forgot that crime doesn’t pay. U turned Malawi into banana republic and u were the law on ur own forgeting that the long arm of the law will get u. There is no iota of truth that u’re a wheelchair bound. People starved to death because of ur greed. U manipulated the people of Malawi.

  15. Let him show his assets and confiscate them sell the assets do that the govt benefits. A namaloko abwereso tidzagulitsa gini yawo. Thereafter kuli tchere tsaano – 92billion. Koma ndende zachepa timange zina

  16. Mukathana ndi cash gate mupite ku road traffic ndi police traffic. Anthu amenewa akufunika kuti amangidwe akuba mopanda manyazi ngati Lutepo. Akumati akakugwira mulandu opanda pache akumakutchaja chimtengo chambili cholinga ulephere kulipira kuti uwanyemereno iwowo. Anthu akulemera modabwitsa awa. Kodi anthu amenewa amalandira ndalama zingati?

  17. Kodi mwati mwamumanga zaka zingati? Ndisamve za 7yrs below!! Mob justice will follow!!

  21. Mbava ndi mbava basi no special treatment iya kukwela chinjinga mwayamba liti, ndale eti amanu owe aja ife mukaseweza basi forsake munanamizila misala pano disability? Palibe zimenezo u r just like anyone else go now serve bro mudzatipeza.Mutipaseko number ya akazi anu pali zoti tikambe nao

  26. palibe zolira apa mpaka a LUTEPO kufuna kugula NAMIN,GOMBA estate koma zoopsya kwabasi azione basi za chisonizi sizitithandizanso ata.

  27. Mr Patriotic Malawian. You are lying … you are not patriotic! You want the state to imprison people without trial just like in the days of one party system. No we don’t want to go back. It’s retrogressive. For Ralph, the state must prove beyond reasonable doubt that he indeed committed the crime. If not, we the state, the taxpayers will have to pay Ralph millions of kwachas to compensate him. Yes Lutepo implicated JB in cashgate but the courts and every other informed Malawian knows that it these were all lies. Re jet sale – while I think it was unwise for JB to sell the jet, there is no evidence of any wrongdoing in the jet sale and in use of proceeds from the sale that’s why APM was actually very surprised that JB is clean on this. So even if the people you mentioned may have committed the crimes for which they are charged, they still deserve a fair trial and the state must prove these cases. Imagine yourself being implicated in a crime you did not commit and getting prosecuted unfairly. It’s not just a matter of victimising people that you don’t like – it’s about getting a fair trial and for the judicial system to do its job.

  28. Iwe Lutepo wa Lutepo, post # 28, JB’s declared assets unlike Peter Mutharika’s are consistent with what she used to earn. You will not find anything worth prosecuting JB otherwise DPP would have jumped and rushed the case through the courts. I can tell from your rambling that you are Lomwe…you guys do not think. You think that everything that a fellow Lomwe does is all great – even if APM is not doing great, you will still support him and you cannot vote for MCP even if you think they have great ideas. Yes MCP committed atrocities during one party politics but DPP had an even worse human rights record under Bingu. You cannot forgive MCP which committed atrocities several decades ago but you can forgive DPP which committed atrocities just yesterday. You simply cannot vote for anyone who is not Lomwe because you Lomwes are extremely tribalistic worse than any other tribe in Malawi.

  30. WHY DIDNT THE COURTS CONFISCATE TRIZA SENZANI’S PROPERTY? HER HUSBAND IS STILL LIVING IN THAT MANSION AND SURVIVING ON CASHGATE MONEY

    KODI MALAMULOWA MUMAONERA NKHOPE KAPENA CHANI? SHE ALSO PLEADED GUILTY

  34. Joyce Banda and other politicians just used this youngman.Look now he is languishing on his own while the crooked woman is feasting on some pizzas on some self imposed exile in foreign lands claiming to be receiving some accolades on daily basis.

  35. Patriotic malawian, Lutepo was acquitted on conspiracy to murder mphwiyo.

    Now he is convicted on the money he stole.

  37. To bring sanity in Malawi all the cashgate thieves should be thrown into jail and rot there forever.This will send a strong message to all Malawians to respect public funds to benefit all.All these Kalongas and others in area 18 were not supposed to be roaming free.We don’t care whether they are connected to high profile people,they need to do time.Malawi should learn to be firm with thieves if it is to develop in all sectors.Its time the govt started also digging into the 92 billion issue.We are not sympathising with any party.We want a better Malawi for everybody.

  38. Well done judge. On the other hand lutepo and his lawyer need to be commended for not wasting the courts time. All those that cashgated should learn from lutepo. Why fight a losing battle. Paying millions to lawyers when you know you will be found guilty

  40. Kodi mulandu wa Leonard Kalonga ndiye ukambidwa liti? Kalonga ndiye mbava yotheratu #1. Umboni ukukusowani? I thought u confiscated ma bus ali ku Area 30? Mukufuna mpakana zonse ankatengera mma carton a sopo ku tourism kuja azimalize kudyera kanyenya? Dont waste much of our time. Screw this thieves. Mukuwanyengerera kodi milandu yawoyi ndi armed robbery zikusiyana?

  41. This one man actions have sent many would be alive today to the grave, What special prison treatment is he looking for?????? He can as well follow the ones he has forced by his actions to the grave!!!!! His crime is against humanity and he should be hanged!!!!!!!! Malawians are still suffering even today sha!!!!

  46. Wodya kake alibe mbiri, misonzi ya amphawi pa misonkho yawo ikulizani. Nthawi yanu yoseka inatha yasala ndi yolira.

  47. Sizoti mumuzembetse kupita naye kunja kwa dziko lino ife a Malawi nkumati Lutepo ali kundende. Ndiye adzikabwerako kutatsala masabata ochepa kutiphimba mmaso ife tiziti anali kundende chikhalirecho iye anali kusangalala ku maikn a ku Ulaya.

  49. While wife and children and relatives will be affected by the confiscation order and will make them lead miserable lives, Lutepo’s girlfriends whom he bought vehicles and houses will continue to enjoy them. Such is the folly of investing ill-gotten funds in girlfriends

  51. I do not follow this case. Last time, I heard that Lutepo was acquitted and this time he is found guilty and has to be sentenced. What is happening? Is it a judiciary deal going sour?

    He also implicated Joyce Banda, why is JB not questioned?

    Why is the case of Ralph Kasambara taking too long?

    What about the proceeds of our Jet? Zili pati?

    Nanga za Odillo, we hear that he is till reporting for duties, zikuti bwanji?

    BRAVO TO THE COURTS FOR THE JOB WELL DONE

  53. Shaah mavuto si maliro okha ndithu …….tisiya po ana pa umphawi apa kuthamanga sikufika ndithu

  54. Shaaaa apa ndiye zayang’ana ku Dazibomu ndithu
    ,kudzikundikira Chuma chakuba ngati amuyaya inuyo
    Dziko la Malawi ladzadza ndi ana amasiye/ Nkhalamba/ Olumara koma palibe nditsiku limodzi lomwe munaganiza zowathandiza, instead mumawabera achifundo a maiko ena akathandiza
    Abu Huraira narrated that the Prophet said: A time will come upon the people when one will not care how one gains one’s money, legally or illegally. (Bukhari)

    It is reported by Jabir that the Prophet said: The flesh and body that is raised on unlawful sustenance shall not enter Paradise.
    Hell is more deserving to the flesh that grows on one’s body out of unlawful sustenance. (Ahmad).

    Abu Said related that the Prophet said: The truthful and trustworthy businessman will be in the company of Prophets, saints and martyrs on the Day of Judgment. (Darimi, Tirmidhi)

    Debts
    It is narrated by Abu Musa Ashari that the Prophet said: After the major sins which must be avoided, the greatest sin is that someone dies in a state of debt and leaves behind no asset to pay it off. (Darimi)

  55. Good news. Pano tikudikira kuti mlandu wa cashgate wa kasambara naonso ulowe mu khoti. Umeneu Ralph azikauyankhila ku ndende chifukwa azakhala atamangidwa pa mlandu wofuna kupha Mpwiyo

  57. Likadakhala kale iwe LUTEPO tidakakuyika ndende ya ku Dzaleka kapena ku Mikuyu kuti usadzachiteso zimenezi munthu wanji osakhutila ndizomwe unalinazo. Malawi akuwawa lero chifukwa cha iwe ndipo uneneso zomwe udaba ndi Bingu. Mumamva bwanji kukhala anthu olemela zedi pomabela anthu osawukafe dziwani ichi Baibulo lidanene kale kuti m’ngakhale mukundika chuma ngati fumbi koma otsala adzachidya chitsanzo cha bwino ndi Bingu adachisiya otsala akuchidya pano chonde umunthu uzikutsutsani mukafuna kuba.

  58. Lutepo does not have mobility challenges. The guy is faking it all. I know him. When he is at home, he is able to walk normally and only pretends in public. Don’t be fooled by this thief.

  63. I think the preferential treatment is already being accorded to him. Am I the only one seeing a one-litre carton of Ceres juice within easy reach of the convict?

  65. azibambo aku m’mwera kwawo ndi kuba,kusoka mahule ndi kupha,.akakhala paokha,mukapeza ka bp kakungokwera chifukwa chosavomereza,ncthito ndi kugula mankhwala kuopa kukayezetsa.kkkkkkkkkkkkkkkkkkkkkkkk.

    tamakhalani ngati azibambo achitumbuka,akachita zawo zachikunja,amvekele nkhuwelerana na mwanakazi wane wa kukaya,tikaryele lumoza makopala wa kwiba.nanga kasambala ali kuti?

  69. It was obvious the guy was a thief. No Malawian businessman can afford to give 22 new vehicles to a political party. Those who received the vehicles must also be questioned.

  70. We are still waiting for those in government that released money to Lutepo. This is a huge sum of money. There are many thieves walking and working freely in Malawi. Just take a look at house that have been built in Lilongwe’s areas 43, 44, 47, 49, Mchinji road, Blantyre road, area 10 including Casablanca at Ndata etc. It’s all not clean money. It’s our taxes that have been stolen.

  71. After Lutepos issue.The 92 billion issue should also be dug out.They are also alot skeletons hidden in Dpp.They all need to be smoked out.Nthawi yonyengelera anthu inatha.All the cashgate people needs to be smoked out.

  72. OSAMISIYA TIYENI NAYE BASI ALIRA MAYI WAKE JOICE AMENEYO PAJA AKATI NDI MWANA OKHULUPILIRIKA AMENEYO USHI

  73. I thumb you miss or Mrs prosecutor kumene zikanakhala choncho anthu adyela, ajabulosi ngati amenewa kumawalanda zonse azibwelera pa zero. Chifukwa iyeyo ku prison konko azibale ake azim’bwelesela zokudya za ndalama zokubazo plus galimoto yonyamula, zomwezo zokubazo, ndiye boma lachitapo chani koma azilandidwa mpaka ndi kabudula wa nkati yemwe.

  74. Some people are daft, special conditions for scum like him?

    He should be put in a dungeon!!!!!

  75. Wosawuka ife mukamatiwona mumawona ngati ndife makape. yet we are the most elite group of people. Alye mutoliro ameneyo judge umakwana. The evill that men do lives after them ! Angokhala zaka 50 ameneyo so that Malawians should learn a lesson. In other countries it attracts death penalty or hanging in public. Kasambala beware the imminent danger that is cumbering forth ! we need you netted.

  79. My take is that Lutepo has reaped what he sowed more especially when it has been on record that his case has been the machinations of the PP government led by Joice Banda who is on the run for the same offence. Joice banda should now be worried that it will be her on the line to face the arm of the law. In 2019 I will vote for DPP under Arthur Peter Mutharika and not MCP because Chakwera will never be president for Malawi because he is awaiting to face the long arm of God’s law before the Rapture of our Lord Jesus Christ.

  80. This guy doesnt look sick to me at all and am very sure he can ably walk without the wheel chair or any assistance. This is a mockery to the disabled or those with mobility challenges

  83. A prisoner has no choice.In Malawi prisons they are alot of prisoners with fatal illnesses yet they are not given any preferential treatment.So why only Lutepo?.Prison is not some vacation place where you have a choice of a hotel.You crosses the law,you do the time.Amalawi munazolowera kuba misonkho ya anthu.Joyce should also come to explain the relationship with her cashgate friend Lutepo who donating cars to her failed party.

  86. This is what we have been waiting for he is not even deserve to be alive he killed innocent people in directly.Why should he seek favors from the law let it be,and we need a queue not only him please deal with them accordingly we have spent our time our money tarnishing our image to donor community.See my name.

  87. A judge mwayiwara, nthawi. A bwana Lutepo a dzatuluka liti?

    Mr Lutepo, sorry you are not the worst. There are K92b members coming to join you.

    God’s love is abundant.

  89. Thom, did you really write this? I think it requires some editing. That aside, I think the judge is right. These cashgaters must be stripped of their properties which they amassed at the expense of the public. By the way, why dont we revisit the Senzani judgement? She will laugh all the way to the bank when she comes out as her properties are still intact. just thinking aloud!

  90. mukamaba ndalama za misonkho yathu, muzikakonza ku ma prison. tsiku lina mukagwidwa muzafuna kugona pofewa

  92. Judges ur doing great job on cashgate pipo anthu amenewa ndiwoipa kwambiri amalawi akapita kuchipatala kupeza mamkhwala kulibe ndalama aziba , alipo ambiri ena akukhala mwa chinsapomu ndiwozichepesatu tiye nawoni , ine kudabwa mai awa salary yawo sifika olo 90 pin koma kuwona zimanyumba ,zigayo ku church kumachita kukwera ndenge kukapemphera ku Nigeria ndati koma yaa ndipo mai u akazamangidwa ndizaziwa kuti ntchito yanu mwamaliza,

  93. This is a sad ending for Lutepo who is a victim of politicians. There is no way one could withdraw 4.2 billion with President and RBM Governer knowing.i don’t know why Chua is still Governor. He is mulhako but not deserving to be there

  95. Apo yagwirika ntchito a prosecutor ndi a judge! Ndiyeno tiyeni tisake mabwana amadya nawo makosanawa! IPS has not defrauded government only in this case! Look at supplies and services rendered to parastatals from 1995 onwards as well!

  96. Mr lutepo has a deal to implicate joyce banda and paul mphwiyo. However all these are lies. It’s a dpp ploy too finish off jb. This won’t work

    1. Ngati mwadya nawo Za Joyce Banda, does not mean sanabe. Just feel sorry for her kachetechete.

  97. “In addition to prison terms, thieves, fraudsters and launderers should not derive financial benefits from the proceeds of the crime subsequent to their conviction and sentence”….. judge you will set a good standard with that measure.

  100. Dzuka pa wheelchair uzipita Ku prison wakuba iwe ukakumane ndi triza Ku ndende kutibela Ndalama osauka

  101. The sentencing will indicate whether this was just another media play or it was a genuine case. All this sounds like a Wakhumbata theatre play ku French Cultural Centre.Can u sense where the play is heading to? It feels like a game of ‘make believe’. Nthawi ngati iyi ine ndimalila kuti kodi ndinabadwilanji ku malawi ine.

  102. Paja Pa Malawi Pano Akakhala Bulutu Oti Waba Nkhuku Za Wanthu Timam’manga Nyakula Akakhala Enawa Mpaka Special Treatment…….. My Foot.

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