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.

Follow and Subscribe Nyasa TV :

Please share this Article if you like Email This Post Email This Post

More From the World

Sort by:   newest | oldest | most voted
Andrew Droyer
Guest

Theft is bad*

KoKolikoko
Guest

Zankutu zimenezo Alomwe tikadalamula musova enanuuu

James kotoki
Guest

Kodi mbavanumber one peter mukumuwopa?

mtumbuka1
Guest
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… Read more »
rough kwasambala
Guest

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

Mbowe Mulambia
Guest

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

musisipala
Guest

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

Chenda
Guest

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

PMW
Guest

Kodi Za CAROLINE SAVALA zili pati?

No laughing Matter
Guest
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… Read more »
wpDiscuz

More From Nyasatimes