No record of Lutepo’s JB claims : Prosecution says court right forum to plead guilty

Director of Public Prosecutions (DPP) Mary Kachale appeared before the Public Accounts Committee (PAC) of Parliament in Lilongwe on Monday to update Parliament on progress of the pilfering of government money  – cashgate -in what officials told legislatures there is no official recorded statement from suspect Oswald Lutepo implicating former president Joyce Banda.

Kachale (L) with Ministry of Justice assistant legal officer Samuel Mbweza briefing the committee
Kachale (L) with Ministry of Justice assistant legal officer Samuel Mbweza briefing the committee
Jai  Banda was Lutepo's first lawyer
Jai Banda was Lutepo’s first lawyer

Lutepo gave an interview on Zodiak Broadcasting Station on Friday to accept wrong doing in the plunder of public resources and apologised to the nation, saying his companies were simply used as conduits.

He implicated former president Banda for benefitting part of his stolen money.

Banda has since shot down the claims, saying they are “malicious” and calculated to drag her in the mud of cashgate.

Appearing before PAC, Kachale said Lutepo has not recorded his statement to detail the fresh claim.

She said prosecution will not act on Lutepo’s media confessions until he pleads guilty in court.

“If Lutepo is really remorseful, he must go before a court of law and plead guilty. Yes, he can go ahead and say who else is involved. But in the meantime, we are just listening just like everybody else,” Kachale told the committee.

“We know people can just implicate others so we can let them go. Right now, we have Lutepo. If he has evidence, he should provide it under oath to Fiscal Police or Anti-Corruption Bureau [ACB], not a radio station,” the country’s top prosecutor added.

The prosecution also want Lutepo to  declare property and provide information leading to the recovery of the said property.

Lutepo’s first lawyer Jai Banda when he was arrested last year upon handing himself from police from undisclosed location, said he has not seen any statement Lutepo recorded implicating the former president.

“I have no such record of statement,” said Jai, a money laundering law expert.

He said on radio that at no point such information was made known to him

Lutepo has since stressed that he is going to give a detailed account on how individuals and companies benefited from the massive looting.

“I want to level the playing field so that everyone involved should face justice,” he said.

He plans to hold a public conference where he will reveal in detail the way they were defrauding government.

Law expert Justin Dzonzi of Justice Link, said though Lutepo’s credibility is damaged by among other things admitting lying under oath, he would be a “good source” of information gathering in the cashgate investigations.

“We cannot ignore what he has said. We can use him to dig more,” Dzonzi said.

“Go after everybody whom he has mentioned and question them,” the law expert said,

He however cautioned government against making arbitrary arrests, saying the tax payer will end up compensating people for wrongful imprisonment.

Anti Corruption Bureau (ACB)  deputy director Reyneck Matemba said they have noted the allegations  made by Lutepo and will  make their own independent investigations .

He said ACB are interested “to  establish evidence”.

Lutepo is regarded as chief suspect in cashgate cases  and charged in a K5.7 billion (about $11.4m) theft and money laundering case alongside former Minister of Justice and Constitutional Affairs Ralph Kasambara, Pika Manondo and private-practice lawyer Wapona Kita, which is pending hearing in Lilongwe.

He is also is answering similar charges on an amount totalling K3.1 billion (about $6.2m)in the High Court’s Zomba registry.

Lutepo is facing another charge of conspiracy to commit murder charges alongside Kasambara, Manondo and Dauka Manondo in relation to the shooting of former Ministry of Finance budget director Paul Mphwiyo.

And then he has a perjury charge for lying under oath in court.

He is currently under arrest for tax evasion.

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7 years ago

That is a big lie Mr phodogoma. Kutakata meant multiplying the money from small businesses like mandazi. Osamamiza a Malawi apa

7 years ago

Koma lutepo wabalalika. Anzake ndi a boma afuna amugwiritse ntchito. Koma 92bn mk ifufuzidwa?

Chinjoka Chatola
7 years ago

I read most of comments and there of national interest but this guy called Ambuje aku Lilongwe that iz personal hatred bwinotu muyamba kuluma ma bwana anu kamba ka nsanje “mind U jealousy iz a freedom of foolz” Inu phee. nkhani ili apa ndiyakubedwa kwa mali pa Malawi basitu

7 years ago

Jb implicated her self by her own comment.

Imagine the following quotes from the head of state:
1. ‘If you are given stolen goods by a thief , it means you are not a thief yourself’
2. “My fellow ladies in Malawi this is time for us women to make deals (kutakata) to enrich ourselves”.

If we were in Egypt JB could have been imprisoned by now.

7 years ago

Bakili stole Mk 1.7 bn, Bingu 92bn and JB 20bn. If you look at all these figures. it is the president of that time who is to blame. When you dig dipper into issues, you will find that it is not only one person who stole the money. It is a system or chain of people or chain of events beeing followed by the end of the day. Bingu is dead, yes, not all records of theft will go to Bingu, not at all. Nicholas Dausi will have his share, the minister of defense then will have a chunk of… Read more »

7 years ago

92,000,000,000 woyeeeeeeeeeee

Mai anaba
Mai anaba
7 years ago
Reply to  nkunthamasese

The truth is that this woman used Lutepo. That is what he has told us. No one hired him to say that . Nkhani ikathina munthu amanena zoona zache. JB knows she used many boys to defraud the Government. If we are seroius this woman must be picked to face Lutepo for questioning . Ndiye mudzikamuyangana kwambiri mumaso mukawona nokha

Louis mlomwe wachitonga
Louis mlomwe wachitonga
7 years ago

whether jb was one of the plunders or not but my prayer is let justice take its course. & God should punish those who plunder the poor mans msonkho. my prayer goes to the past government, present & future govt

7 years ago

No one 2 b arrested coz some of u ur also involved, u 4get about 92 billion, now only 21 billion talking too much, u have 2 brainstorm hw u can get money 2 run dis poor country not waste much tym with gatecash all of u also ur cash gate too.

nachiduku jb
nachiduku jb
7 years ago

nonse otsatira amayi limbikirani kumteteza make chuluyu!KAMDZUTSENI BINGUYO ADZAYANKHETU NANGA APA NACHIDUKUYO ATHAWA CHIYANI.

7 years ago

The ones who were interviewing him are the ones who are supposed to have the records. I think Malawi is in a crisis state. Please prayer worriors let’s stand steadfast in our prayers. This is serious. What I know is that you do not start things that you do not know the consequences. Please ZBS produces the records.

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