Lutepo’s accusations against Kalemba, Assani ,Nyasulu won’t affect own criminal charges

Attorney General Kalekeni Kaphale has written back businessman Oswald Lutepo casting doubt on his accusations against former Justice Minister Fahad Assani, former Director of Public Prosecutions Bruno Kalemba and prosecutor Kamudoni Nyasulu of forcing him to write false witness and caution statements to implicate another former Justice Minister Ralph Kasambara in the Cashgate scandal.

In a written response dated July 23 which we have seen, Kaphale has argued all statements that Lutepo made to the police tally with the statements he gave the Anti-Corruption Bureau (ACB).

“Please note in relation to your allegations against Mr. Nyasulu that evidence you gave in court on 10th April 2014 was exactly the same as is your statement to the police that was used by the defence to cross examine you in the Sithole case and does also tally your statements to the ACB. You, therefore, have to show to me that you met Mr Nyasulu in the company of Mr Makwinja (as you allege) prior to making written statements to police and the ACB that formed the basis of your testimony in the Sithole case,” writes Kaphale.

The AG has also asked Lutepo, who in an interview with Weekend Nation insisted he stands by his statements against the three, to mention the precise dates, place and time of his meetings with Kalemba and Makwinja.

The AG letter has also asked him to state whether his correspondence with Kalemba was telephonic and if that was so, he should provide details of the date and time so that the AG should investigate the matter further.

The AG further writes: “As you have always been represented by a lawyer [Mr. Banda], and considering the gravity of the allegations you make, we believe you must have discussed the issue under complaints with him at some point in which case you may wish to ask him to confirm to me in writing if you ever told him about the alleged approaches to you by my officers and former minister.”

He then tells Lutepo that “the above, however, will not affect any criminal charges laid against you or the progress of any trials in respect thereof.”

“I am also asking law officers to consider whether you did not commit the offence of perjury when you testified in the Sithole case. This is in view of the contents of your above-mentioned letter,” says the AG.

Lutepo was indeed arrested in Kasungu on July 20 for perjury.

Victor Sithole was caught with large amounts of money including K112 million, $31 800 and R122 400 in hard cash which was found at his house in September last year, leading to revelations of theft of government money now dubbed Cashgate.

Sithole was represented in the case by Kaphale who argued prosecution could not establish who owned the money after Lutepo denied claiming it, arguing Kasambara and another lawyer Wapona Kita forced him to do so.

In a letter to Kaphale two weeks ago, Lutepo, who was also arrested in November last year and later charged with K2.6 billion (US$6 310 679.6) theft and money laundering after being on the police wanted list in the wake of the Capital Hill Cashgate scam, asked the Attorney General to investigate the matter.

In an interview on Thursday, Lutepo insisted that he stands by his letter to the AG and that he is ready to speak in court for “justice and fairness to prevail in the Cashgate scandal.”

“I was fooled that I was to become a State witness, not knowing I was just being used to lie against myself as well, which is not fair. It’s unfortunate that AG doesn’t want to listen to what I wrote in my letter. I would like government to start all over again on the Cashgate before the actual trial,” he said.

Lutepo also insisted that by writing the AG on the three officers, he is seeking sympathy from the DPP government.

He said “there is nothing like wanting to get sympathy as all I want is the public to know the truth about people who really benefited from the Cashgate money.

“Let government get fresh statements from all the suppliers including me, I am not trying to stop cases and the trials. All I want is fair trial.”

Lutepo said many people were directly involved in the scandal but up to now they haven’t been questioned.

He has suggested that government should set a truth commission on the Cashgate scandal to hear from people that are being prosecuted before completion of the cases.

But Malawian law expert at Cape Town University, Danwood Chirwa, has dismissed Lutepo’s suggestion, arguing truth commissions are about managing the transition from an oppressive past to a new democratic era.

“Truth commissions provides the option, at least as an avenue, where victims’ families may come to know at least what happened to their relatives who disappeared or died in mysterious circumstances. The suspected perpetrators are given the inducement of possible pardons in exchange for truth telling. In this way, victims’ families can get to know what happened.

“But as you can see, Cashgate is a financial crime committed in a short period. There is ample evidence involving a small group of people. Talk of a truth and reconciliation commission is mere hogwash,” said Chirwa.

According to Chirwa, Lutepo does not know the theoretical justifications of such commissions and is trying to invoke it in circumstances that are wholly unsuited to it.

“Furthermore, our laws require the police and other crime investigation agencies to deal with cases such as these. Any commission set up to stop these institutions from exercising their responsibilities would be invalid and illegal,” argued Chirwa.

In a separate interview, human rights activist Billy Mayaya claimed Lutepo is employing delaying tactics and empty rhetoric.

He said Lutepo simply needs to come out clean about his alleged involvement in Cashgate and reveal his accomplices using the already existing legal structures.

“Malawians don’t want further delays in the matter with the creation of duplicate structures,” he said.

Lutepo was arrested in November last year and was later charged with K2.6 billion 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 former budget director Paul Mphwiyo in September.

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

He was later released on K55 million (US$133 495) bail bond.

The Auditor General has handed over more files of people that are suspected to have plundered government resources but no fresh arrests have been made.