Cashgate: Lutepo claims was forced to lie

Business magnate and one of the suspects in the Cashgate scandal, Oswald Lutepo, has accused DPP Bruno Kalemba, former Malawi Justice Minister Fahad Assani and prosecutor Kamudoni Nyasulu of forcing him to write false witness and caution statements with a view to implicate another former Justice Minister Ralph Kasambara.

Lutepo has made the accusation of the professional misconduct against the three in a letter to Attorney General Kalekeni Kaphale dated July 17 2014.

But Assani has described the accusation as mere “imagination” while Kalemba and Nyasulu said they will respond to the accusations to the appropriate authorities.

“I write to lodge a formal complaint against Messrs Bruno Kalemba and Mr Fahad Assani, former minister of Justice and Constitutional Affairs and Kamudoni Nyasulu, Cashgate prosecutor, for professional misconduct and abuse of office over the way they forced me to write false witness statement and caution statements under duress” reads part of the letter copied to the Chief Justice, the diplomatic community and Malawi Law Society.

In the letter, Lutepo claims that in mid December, 2013 he was summoned to meet Assani at his rural home in Nkhotakota where the former minister warned him against linking Cashgate scandal to the head of State, her family and other members in the People’s Party.

“He told me that my silence was instrumental in the 2014 presidential campaign. He then directed me to meet Kalemba for fresh instructions pertaining to my cases and other matters arising,” claims Lutepo in the letter.

Lutepo further alleges that the DPP produced sworn affidavit purportedly written by a Charles Chalunda alleging that the former PP executive committee member masterminded the shooting of former budget director Paul Mphwiyo.

He claims that Kalemba then told him that there was a “presidential directive that I should implicate Mr Ralph Kasambara and his allies; and that failure to do so would lead to my arrest, charging and remanding on conspiracy to murder Paul Mphwiyo.”

Lutepo says in the letter that he was told to comply with all the instructions that would be dictated to him by the police through the then Deputy Inspector General of Police Nelson Bophani.

“During the four months period from December 2013 to March 2014, I was on numerous occasions summoned by various police officers and forced under duress to write statements implicating various individuals. I was forced to write three or four statements on any given activity,” claims Lutepo in the letter.

The Cashgate suspect then asks the Attorney General for four things:

—Institute proceedings into the alleged professional conduct of the three.

—Assistance to withdraw all caution and witness statements ” as they were obtained from me in violation of my constitutional rights. Otherwise, I am unable to appear in court to testify as I would be committing perjury and will properly be roasted by the defence counsel.”

—Investigate and bring to book the real masterminds and main beneficiaries of the Cashgate scam.

—Investigate the various death threats that he is claiming to be receiving.

Speaking in a telephone interview on Friday with Weekend Nation, Lutepo confirmed authoring the letter to the Attorney General but refused to shed more light.

When contacted on Friday, Kaphale confirmed receiving the letter but said he could not publicly discuss the contents.

“I can confirm that my office has received the letter but I will discuss with him (Lutepo) privately as I cannot discuss the document in the media,” he said.

Assani, on the other hand, yesterday described Lutepo’s allegations as “imagination”.

“Lutepo revealed whatever he had because he was pre-bargaining with the lawyers for lesser charges,” said Assani.

In separate interviews, Kalemba and Nyasulu could neither admit nor deny the accusations levelled against them saying they will respond using the necessary platform.

“I will respond when asked by the authority with jurisdiction over that issue,” said Nyasulu.

Kalemba also said he could not comment until the right time and forum.

Lutepo was arrested in November last year and was later charged with K2.6 billion (about $6.8m) theft and money laundering after being on the police wanted list in the wake of the Capital Hill Cashgate scam which was widely exposed following the shooting of Mphwiyo in September 2013.

This was after it was established that of the 20 bank accounts that ACB was probing in connection with loss of government money at Capital Hill, eight either were wholly owned by Lutepo or he jointly owned them with partners.

He was later released on K55 million (about $145 000) bail bond.