Former Minister of Justice and Constitutional Affairs Ralph Kasambara has accused former Ministry of Finance budget director Paul Mphwiyo and businessperson Oswald Lutepo of intimidation.
Kasambara has since sought permission to privately prosecute the duo.
But Director of Public Prosecutions (DPP) Bruno Kalemba, in exercise of powers in prosecution of criminal matters, has blocked the private prosecution and has written Kasambara’s lawyers, asking them to hand over the case docket to his office.
Kasambara, who was arrested last month for allegedly attempting to murder Mphwiyo, was on Monday granted a court order directing two mobile phone network operators, Airtel Malawi Limited and TNM, to furnish him with call logs of Mphwiyo and Lutepo for the period between June 1 and September 30 2013.
“It is ordered that whereas Paul Mphwiyo and Oswald Lutepo, whose residential addresses are in Lilongwe and in the city of Blantyre respectively, are reasonably suspected of having committed offence of intimidation contrary to section 88(1) (a) of the Penal Code,” reads part of the order granted on Monday by Blantyre senior resident magistrate Viva Nyimba.
The court has ordered Airtel and TNM to produce statements of call logs or call history for four of Mphwiyo and three of Lutepo’s cellphone numbers to the court and Kasambara’s lawyers within five hours of service of the order.
But in a twist of events, Kalemba has written the Blantyre Chief Resident Magistrate’s Court that he is taking over the criminal proceedings in which Kasambara is suing Mphwiyo and Lutepo of intimidation.
Reads Kalemba’s letter: “Kindly furnish me with records of proceedings so far conducted for my perusal and further conduct. By copy of this letter, the attorney for the complainant is notified of this development and required to hand over the case docket in the matter to me.”
In reaction, Kasambara’s lawyers, who have since handed over the docket, said they have done so with caution because they are not convinced as to the legality of the action.
The State is accusing Kasambara of conspiring to murder Mphwiyo who was shot outside his Area 43 residence in Lilongwe on September 13 2013.
Kasambara is currently out on a court bail after being arrested on November 8 for conspiracy to murder.
Lutepo, charged with money laundering, is also out on court bail after paying a K50 million bond.
Lutepo, a chief suspect in the Capital Hill looting also known as the cashgate scandal, is being accused of stealing about K2.5 billion and part of his fortune was donated to PP when he was executive member of the party.
