Cashgate: Court orders Lutepo re-examination
The High Court in Zomba has ordered that two independent doctors should re-examine Cashgate suspect Oswald Lutepo to determine if he is mentally fit to stand trial.
Lutepo is facing charges of theft and money laundering totalling about K2.1 billion from public coffers between April and September 2013. He is also answering charges of conspiracy to commit murder of former budget director Paul Mphwiyo and tax evasion.
The High Court is expected to make a determination on Lutepo’s fitness on April 16 after two independent psychiatrist assessment reports have been submitted to the court, according to Justice Redson Kapindu who presided over the matter.
Lutepo has not appeared in court since last November when he was arrested for tax evasion.
So far, three doctors, one from the Masm-Medi Clinic in Mzuzu and two from Kamuzu Central Hospital have independently diagnosed Lutepo with anxiety disorders with panic attacks and recommended him for further psychiatric assessment.
Kapindu made the re-examination order on Thursday following an application from Lutepo’s lawyer, Oswald Mtupila, to have his client’s mental health assessed to ascertain his fitness to stand trial.
The Director of Public Prosecutions, Mary Kachale, did not object to the application but asked the court to be specific and detailed on the type of assessment which should be conducted on the suspect so as to guide the psychiatric doctors.
In his order, Kapindu has 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.
The provision requires that the suspect, who should be in custody during the examination process, be assessed by two medical doctors.
Lutepo will be kept at Queen Elizabeth Central Hospital in Blantyre.
“Should the hospital director of QECH form the opinion that the accused person 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 court’s prior endorsement, before transferring the accused person to such other health facility,” said Kapindu in his ruling.
He further ordered that in their assessment of Lutepo’s mental capacity to stand trial, the psychiatrists should consider his ability to understand the charges levelled against him, the seriousness of penalties if proven guilty, the ability to help his lawyer to defend him and [his] capacity to give his own evidence if he decides to do so.
The psychiatrists are expected to submit their independent reports to the court within 30 days.
Lutepo Mental Competence Assesment Ruling by John Richard Kasalika
