Businessperson Oswald Lutepo yesterday failed to show up at the High Court in Zomba to hear his fate regarding his bail application whose ruling the court has reserved to this Thursday.

Lutepo, who handed himself to police on November 6 2013, has been charged with theft contrary to Section 278 of the Penal Code and money laundering contrary to Section 35(1)(c) of the Money Laundering, Proceeds of Serious Crime and Terrorist Act.

His lawyer, Jai Banda, said Lutepo is sick and weak, hence could not appear in person at the court.

Said Banda: “He has been purging all night and is weak. Since this is only bail hearing, he is not mandated to appear in person.”

In his application before High Court Judge Godfrey Mwase, Banda argued that his client has been prominent in the media which portrayed him as guilty, yet he is only a suspect.

Banda added that Lutepo was abroad when he learnt, through the social media, that he was wanted by the police in Malawi. He said the fact that he came back and handed himself to police showed that he is a compliant person.

He also parried away suggestions that Lutepo could tamper with evidence as his evidence was already recorded.

Banda told the court that veteran politician John Tembo and others got bail while answering murder which is more serious than money laundering.

“Again some individuals who are answering to the same so-called cash-gate are on bail. Just last Wednesday, we did a bail application in Lilongwe for a co-director of the accused, Lloyd Liyaya who was leased on bail,” he said.

He also told the court that Lutepo suffers from asthma and high blood pressure.

In response, one of the prosecution lawyers, Dziko Malunda, said bail is not absolute as the court has to consider whether it is in the interest of justice.

On Lutepo’s illness, Malunda said it was a mere fabrication because there is no documentary evidence.

He pleaded with the court to keep him in custody as the money involved is K2.6 billion (US$ and that the State is still investigating the matter with the intention of forfeiting property to recover some of the money.