Examine Lutepo—Prosecution

The High Court in Lilongwe has given the prosecution in the shooting case of former budget director Paul Mphwiyo permission to have suspect Osward Lutepo examined by an independent doctor to determine whether he is fit to stand trial.

Lutepo is charged with conspiracy to commit murder alongside former minister of Justice and Constitutional Affairs Ralph Kasambara and four others. Lutepo did not show up to take plea yesterday.

The defence lawyers argued that the trial could not proceed in Lutepo’s absence in the event that he pleaded guilty and confused the whole case.

His lawyer, Osward Mtupila, submitted a medical report from Katoto Masm Medi-Clinic in Mzuzu diagnosing Lutepo with anxiety disorder with recurrent panic disorder.

“According to our observation, the patient needs specialist consultation [psychiatric] for more investigation and better management. The patient has been referred to Mzuzu Central Hospital,” the report submitted to court reads.

But Director of Public Prosecutions (DPP) Mary Kachale said much as the prosecution was not belittling his condition, Lutepo’s doctor had just made a general assessment that he had a psychiatric problem.

High Court judge Michael Mtambo said the court would allow a medical examination of Lutepo to determine if he was fit to stand trial, but in the meantime, his lawyer would have to be present and would be given an opportunity to cross-examine Mphwiyo after the others had done so.

The other accused persons, who include Macdonald Kumwembe who Mphwiyo identified as the shooter, Dauka Manondo, Pika Manondo and Robert Kadzuwa, all pleaded not guilty again to the amended charges.

Kasambara has been charged with an additional  count of attempted murder after Mphwiyo’s testimony identified him on the scene of the crime.

Meanwhile, John-Gift Mwakhwawa, who is lawyer for Pika Manondo, yesterday started cross-examination of Mphwiyo with a line of questioning indicating that the witness was involved in dubious deals before the September 13 2013 shooting at the gate of his Area 43 house. n