Court defers Lutepo’s bail to Dec 6
The High Court in Zomba yesterday deferred the bail for businessperson Oswald Lutepo to a later date and gave the State 21 days to finish investigations.
The court further ordered that the case be heard again on December 6 2013 when bail conditions will be set.
The ruling, prepared by High Court Judge Godfrey Mwase, but read in court by Judge Zione Ntaba as Mwase was engaged, agreed with the State’s argument that there is need for more time since some property needs to be investigated and secured for possible forfeiture.
The judge also noted that both the defence and the State were right in their arguments that bail is everyone’s right, but that at the same time it is not absolute.
Reads the ruling in part: “This [therefore] calls for balancing the interest of the accused and the need for the State to investigate the case. The only way to strike this delicate balance is not to grant the applicant bail with immediate effect so that the State is afforded a reasonable opportunity to finalise its investigations.
“This court is of the view that 21 days would be ideal. If the State is prudent, it can conduct the necessary investigations within a period of 21days. The applicant will, therefore, remain in custody for 21 days to allow the State to investigate the matter. After the expiry of 21 days, the bail granted to the applicant herein will become operative.”
Jai Banda, lawyer representing Lutepo who was not present in court, said the court has not denied his client bail, but has just deferred it.
On whether he will appeal the ruling, Banda said the appeal process is long which would consume most of the time the court has set.
Lutepo is answering charges of theft which is contrary to Section 278 of the Penal Code and money laundering contrary to Section 35(1) (c) of Money Laundering, Proceeds of Serious Crime and Terrorist Act.
He was on Interpol wanted list, but handed himself to police on November 6th 2013. Lutepo is a one of the suspects in what is now called Capital Hill cashgate where billions of kwacha in public funds were looted.
