Lutepo to undergo mental evaluation for 30 days, Malawi court rules
Businessperson and Cashgate suspect Osward Lutepo has been as been ordered to undergo a mental examination to determine if he is medically fit for trial in the various charges he is facing which include theft, money laundering and conspiracy to commit murder.
According to the ruling sourced by Nyasa Times, Justice Redson Kapindu made the order in the High Court in Zomba on Thursday March 5, 2015 after Lutepo’s lawyer Osward Mtupila made an application for an order for assessment of the accused person’s mental health for purposes of his fitness to stand trial, presently.
The application was supported by the Affidavit of Shunem Nkosi, who said Lutepo is his Cousin and that he has been his guardian ever since he fell ill in November 2014.
Nkosi informed the court that Lutepo’s illness started back in November 2014 when he collapsed whilst in custody at Lilongwe Police Station, and was rushed to Kamuzu Central Hospital for treatment. Upon being examined, he was diagnosed with “panic and anxiety disorder. “
On 23 January 2015 Lutepo was admitted once again at Katoto MASM Medi-Clinic in the City of Mzuzu where he received similar diagnosis. He was again prescribed medication and referred to Mzuzu Central Hospital.
The court was told that the examining physician stated that “according to our observation, the patient needs a specialist consultation (psychiatric) for more investigation and better management.”
The Director of Public Prosecutions, Mrs. Mary Kachale did not object to the application for the medical examination.
However she asked the Court to be “very specific and detailed” as to the particular aspects of assessment required for purposes of the case proceedings, in order to guide the psychiatric specialists in making their forensic psychiatric assessment.
Kapindu invoked Section 133 of the Criminal Procedure and Evidence Code which outlines the process under which an accused person can be declared mentally incapacitated to stand trial.
“ I have given this matter my most careful consideration. I take into account that the State does not oppose the application. When all the facts, particularly the representations from highly qualified and competent medical professionals that have been made are considered, I opine that there is enough suggestion to trigger the operation of the observation, assessment and/or treatment procedure laid down under Section 133 of the Criminal Procedure and Evidence Code ,” ruled Justice Kapindu.
He granted the application made by lawyer Ntupila on behalf of Lutepo.
However, the court ordered that Lutepo should, be kept at Queen Elizabeth Central Hospital (QECH) in the City of Blantyre, and the hospital administrator should “keep the accused person in custody thereat, for observation, treatment and psychiatric assessment as to his fitness for trial.”
The Judge says the Hospital Director (or any such person currently having overall charge of QECH) should cause two psychiatric specialists, one being Dr. Jennifer Ahrens, mentioned in Nkosi’s affidavit, and another to be appointed by the said Hospital Director to conduct an independent assessment of the mental condition of Lutepo, and in particular, “his capacity to stand trial in criminal proceedings.”
In the ruling, the Judge said should the Hospital Director of QECH form the opinion that Lutepo be referred to a specialist mental institution for such observation, treatment and psychiatric assessment, he or she shall make such a clinical decision on professional grounds, and communicate the same to the Court immediately for the Courts prior endorsement, before transferring the accused person to such other health facility.
The Judge said: “Without restricting the generality of the assessment that the psychiatric specialists may make in their Report, the Court specifically invites the specialists to consider the following factors that the Court shall consider when making its determination on the accused person’s fitness to stand trial.
- His ability and/or capacity to comprehend the charges framed against him;
- His ability and/or capacity to realise the seriousness of the penalties if proven guilty;
iii. His ability and/or capacity to follow the proceedings of the court;
iv. His ability and/or capacity to help his lawyer to defend his case;
- His ability and/or capacity to maintain appropriate behaviour in the court; and
- His ability and/or capacity to competently give his own evidence should the need arise and should he elect to do so.”
The Judge said the medical reports herein should be furnished to the court no later than 30 days from March 5.
“The Court shall require two reports, one each from the two psychiatric specialists, which will be compiled and issued independently of each other,” said Justice Kapindu.
The court adjourned the case to 16th of April 2015 “to consider the Reports of the psychiatric specialists” on Lutepo person’s mental health and capacity to stand trial.
Lutepo is regarded a chief cashgate suspect and has been making media confession on his wrong doing -not yet known if the media plea was in sound mental health.
A forensic audit report into the plunder of public resources at Capital Hill due to abuse of public finance management tools dubbed ‘Cashgate’ established that K24 billion was stolen between April and September 2013. However, Cashgate dates back to 2005 when the Integrated Financial Management and Information System (Ifmis) was launched.
Through various means, Lutepo allegedly got the second highest payments on the list of individuals amounting to K4.4 billion (US$9.8 million).
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This man has killed my family Government is not paying any penny
Let him rot in prison how many malawian are suffering from his wrong doing there is no hiding place under the sun whether he is mad or not deserve to be rotten in jail that’s all
Pls anthu amenewa musachedwetse kuwamanga we are tired
Olo atafa alibe ntchito. Ndi angati amene anamwalira mzipatala kamba kandalama zimene anaba afisi amenewa?
Wakuba Ophunzira Amapasidwa Ufulu Choncho Bwanji? Akanakhala Osauka Pano Ali Ku Maula Akugwira Ukapolo,
Our brothers and sisters suffered and died in hospitals while you were enjoying the monies you stole from govt / Now its time for you to dance left and right . ….GOD IS NOT A MAN !
Lutepo is a con artist, a pathological liar mental illness my foot!. Zangofika posauzana basi asatinyasepo apa wakundende basi.
sanadye yekha ndalamazi….
a pezeke basi
1. amene amamutuma
2. amene amatumikira
3. amene amadyanawo
4. amene loleza kubetsa
5. amene amasaina
sangakhale yekha ndithu apezeni onse okhuzidwa
If they let him win that case, its obviously cashgate sidzatha.
you deserve death
hey!
Ndale
Hahaha! Come on either our justice system is full of maggots or we just don’t care for justice anymore. How can it come to this.
Kodi bwanji mukungotaya nthawi ndi za nonses, Lutepoyo adwale lero? Komanso mukutiuza zakudwala kwake mukufuna kuti ife tidzinva chisoni, nje. Munthu ameneyu zoipa zake zaposa mfiti, abale kimwalira mzipatala ndalama kusowa zogulira mankhwala iye ili chete no chisoni, mafuta a galimoto kusowa iye ali duu wangolumira manu. Lero mudziti timuganizire kudwala kwake, pali nzeru pamenepa, nanu majaji mmaso munada kalekale ndi chinyengo ngati, mafupa amunthu wakufa amazengedwa mulandu kulibwanji munthu ongodwala chabe?
Lutepo you are guilty as charged! Wasala ndi Joyce, agalu inu you got blood on your hands and you deserve the stiffest punishments for the suffering you’ve put malawian through! Death penalty to all you cashgaters
BULLSHIT. LUTEPO MUST BE THE SMARTEST MALAWIAN HA. 1ST HE STEALS BILLIONS FROM MALAWIANS AND NOW HE IS OUT SMARTING THE JUDGES HAHAHAHA. MALAWI A NATION OF GREEDY FOOLS. ONE PERSON LEFT TO DESTROY THE WHOLE NATION. JUDGES THIS CASE IS ON YOU LETS WAIT SEE IF WE HAVE INTELLIGENT JUDGES NOW. BUT WHAT THE JUDGES SHOULD KNOW IS “IF THEY LET HIM WIN WE MALAWIANS WILL BE WAITING FOR HIM LUTEPO AND YOU THE STUPID JUDGE ON THE OUT SIDE” MR JUDGE WATCH YOUR NEXT MOVE.
The courts, I suspect, one day will push masses into mob justice. What do the CSOs say?
Bakili zinali ngati zomweźi. anyàni amenewa. ku maximum amisala mbwe munawamànga uyunso mmangeni akakhale ndi Karà
Udzafa imfa yowawa Lutepo.
Machende wako. Komanso iwe Oswaldtwistle Mtupila undidziwa. I know where you live and I’ll be your uninvited guest pretty soon.
Tangommangani asatisause mtendere munthuyu inu……
A Nyasa nthawi ija m’mamutama kuti amavala nkhwaila za ku eguputo lero bwa?alowe basi ki-ki
why is it that our judiciary is so weak that it can get this issue done. zochita kudziwa kuti ndimabodza awa basi u listen. akankhala opanda ndalama bwenzi simunamunvele
no mercy for Osward Lutepo please. Deal with him.
Lutepo ,Lutepo … ndiye kuti chani, hw special is he ????? Tamuonani kuchibwanoko ngati wapana mwanapiye……tangomumangani anatibera ndalama zathu we need ’em bach or else shaliya basi!!!!!!!
ngati boma limakanika kutulutsa ma prisoner odwalika nchipatala…..nanga Lutepoyi mukumusiilanji????anaba dollar zathu ameneyi or atafa akafere ku Zomba ngati Macholowe ameneyi!!!!!!!!!!!!.
Inu tangochiweruzani muchimange chinthuchi……chikundipatsa ziphuphu ndikamachiona.
Munamva ndani kuti wopenga mpaka kuba ma billion a dziko?
Komanso a Malawife nthawi zina kupatsa manyazi bwanji…Ndi ichi chomwe chikukulakani zoona? Kapena A Chair bolani.
Milandu yaiqka ponyasa ngat ndowe zamunthu zogonela
Umphawi ndimauziwa ine, kwa anthu amene mukuti amusiye Lutepo simukuziwa mmene anthu akuvu tikira mmidzimu, iwe Lutepo chokuti uziwe olo utamwalira lero mtembo wako uzazengedwabe mlandu. Udwale lero?
So, who got the highest payment?
Tangochikhwizingani chimenechi chisatisause mtendere mmalawi muno
My worry is if this case is dragged like this and Lutepo dies, the Malawi people and Govt will lose it money because without securing conviction govt can not confiscate his property to the value of the alleged stolen money.
It is a tactical defence of Lutepo of pleading unfitting to stand trial.
Doctor appointed to examine him please handle with patient with the highest degree professionalism.
Lutepo is able to give instruction to his lawyer therefore he must be fit to stand trial.
chinyengo chinakula ku malawi the doctors will be influenced to give out force information kuti akudwala koma asakudwala
This guy is mentally sound. Castrate him.
Wapenga nayo cash gate wadwala nayo sunati lutepo uwafunse a Yusuf mwawa 150thou anachita stroke Ku cell kungotuluka kuyamba kuthamanga ndiye iwe ma million Ndalama zathu wadya uthime basi
Openga amasekelela chonchi show us chithunzi chimene wadwalacho
Zopengazo ayi convict him and he can serve his sentence at mental hospital.osamusiya
Please leave him and let God be the judge otherwise he can run mad completely.That one will tell us alot about cashgate.
Pamenepa madokotala ake akhale aku USA OR UK osati Amalawi alandirako cashgate, apo bii ingoziyani basi musatipusitsepo apa dzidyani ndalamazo ife tizingosaukabe tikaonana ku mwamba .chifukwa kumeneko kulibe zimene mukutipusitsa nazozi.Pa dzana anali chair amachita zomwezi .lero ndiawa a Lutepo .koma mudzafa ngati BINGU ANASIYA MAKATONI andalama ku chipinda asilikali mkugawana.kaya zanu izo.
Its known fact that one facing such a situation will be affected by anxiety .even when one has credit and time to repay is near one faces anxiety and the judge to rule in favour of such things is giving away too much. Let him stand trial
Kodi ma lawyer mwatani nanga? This Lutepo person confessed that he had stolen the money. Basically he is guilty of thefty.
But what you are looking for are mitigation factors on his part.
What remains is judgment or sentence.
Mukuyitalikitsa nkhani yoti olo village head man amaweruza bwino bwino.
Changu pamalo. Let’s start on other cases.
What kind of illness is this this, that allows one to plan to steal billions but does not allow one to plan to defend oneself in court? Muluzi, Mwawa, Goodal, used this trick and our courts and doctors chose to be foolish and fall for this nonsense. And why the dr named here is foreign? We have drs Kauye at Zomba and the one who is always in the papers writing, Bandawe- not the nachipanti one- they should be the ones to assess this guy. Because if it is witchraft, they will detect that as well and make recommendations. This man should rot and die in prison, otherwise lets have sharia law in this god forsaken country.
Really who is going to pay for the bills. Muzipatala mulibe mankhwala because of cash gate now you want him to continue syphoning our remaining money thru paying for his medical bills. Misala yabwera liti. Yochita kugula. The goodness is that Lutepo and his lawyer know that a person can even be tried posthumously. Now what about in absentia. The judge is just wasting time. What he shud know is that we are tired of one month adjunements. Who said an adjurnment is always 30 days and not 3 or 7 days. Lutepo must be tried in absentia.Moreover he already admitted and apologized to Malawians for his role in cash gate. Zopusa zanu majaji tatopa nazo.
iwish Lutepo mentally well,come court of protection or not!
ABWEZE NDALAMAZO NDI INTEREST YA ZAKA ZISANU.
uyu akayankhe mlandu or akalowe ku mento and his ill gotten assets should be seized. t
The whole thing is a missing truth
A kunamizila alibwinobwino ameneyu
All these people are full of corruption
This will surely be a turning point in our judicial system particularly as regards mental issues and their application in proceedings in courts. Courts generally only focus on insanity in its legal sense. However, mental fitness to stand trial and comprehend proceedings on the part of the accused person is an important aspect of the trial. When one considers the extent and level of examination our local psychiatrists conduct in criminal cases, it leaves a lot to be desired. Sadly, courts too have come down to accept such low standards.
I hope in this case the accused will be evaluated by professional and independent psychiatrists.
Will this be his life line?
Let’s all wait patiently.
Lutepo akhululukidwe on the grounds of his illness kuti akayankhe mulandu wache kwa Mulungu
Ndala zachuluka no mercy
Walozedwa ndi pika manondo ameneyu.
Amacheza ndi ana a kwa bwanali ku neno
THE END WILL BE ANOTHER STORY. BAKILI STYLE.
ayayaya. …tax payers will be paying for this thief. komatu penapake oh
Bwana Lutepo why cant you just accept that you cashgated malawian dinyero and be imprisoned. You are not the first person to be imprisoned at all. up to the extent of creating that situation. Gosh!!!!!!!
Mukufuna kupusitsa ndani abale? kodi mental problem yabwera atagwidwa kuti anaba ndalama zathu? wat about the other remandeed in our cells, anapita ku mental ndi angati? pali mwana wina wa school anapha mayi yake koma he is still ku chichiri more than a year now bwanji sanapite naye ku mental? zokondera basi, mxi
In other words, Lutepo walikufuntha, kupenga, wachita misala? OK, but he can still be tried and sentenced in absentia, the law allows that. Why waste our money in this way. Lutepo was involved in these things when his mind was still on it’s rail. So just focus on and continue with the trial! The consequence of his supposed illness will only be whether or not he can serve the sentence meted out to him, if custodial. I’m no lawyer, by the way. But I think our legal processes allow straight forward issues to look unnecessarily complex.
Asatithele mankhwala kucipatala uyu. If you have stolen, you panic just seeing a police vehicle. You think they have come to smoke you out. How do you feel when you have admitted theft and a prison sentence is just around the corner? You are used to High Life in Johannesburg and Cape Town and now you are to think of the Central Prison in Zomba? Abweze ndalamazo.