Prosecutors in the ongoing Cashgate cases on Tuesday said they have evidence which will show that businessperson Osward Lutepo and private practice lawyer Ralph Kasambara were complicit in the alleged theft and money laundering of K5 billion of public funds.
The prosecution team has since sought direction from the court on the case against Lutepo, who is being tried separately in another case involving K2.6 billion currently before the High Court in Zomba.
Kasambara and his professional colleague, Wapona Kita, are co-accused persons in conspiracy, possession of property suspected to have been stolen amounting to K55 million and money laundering whereas Pika Manondo and Kasambara are separately charged with possession of stolen property comprising 11 vehicles, K22 million in Manondo’s custody and K5 billion in both their custody.
Special prosecutor of Cashgate cases, Kamudoni Nyasulu, who the court has given the go-ahead to prosecute following objections from the defence, said in his statement of prosecution on Tuesday that they would parade 11 witnesses and tender 39 documents as evidence among them 11 government cheques which would link the suspects in the case of theft.
He said evidence would show that money stolen from government was deposited into Lutepo’s bank account which would then be withdrawn by Lutepo and given to Manondo.
Said Nyasulu: “Then Pika Manondo would take the money to Ralph Kasambara and other people. And we have evidence that some of the money from the fraudulent payments were also deposited into the accounts of Ralph and Arnolds Associates; thus, the accounts of Mr. Lutepo and Ralph and Arnolds were used to launder money defrauded from government.”
Nyasulu has since told the court that since the element of money laundering in the case was linked to the Lutepo theft case currently before the court in Zomba, the prosecution was seeking direction on whether the case would be tried in Zomba or be transferred to Lilongwe.
Nyasulu also linked director of housing Auzius Kazombo Mwale, principal accountants Roosevelt Ndovi and Fletcher Kaizo to the charge of theft as they facilitated the payments.
They have since been charged with negligence by a public officer for facilitating theft of K2.3 billion from government.
Earlier yesterday, High Court judge Chifundo Kachale said the accused persons have failed to substantiate allegations of Nyasulu’s ineligibility and incompetence to prosecute the case as alleged by Kasambara and Kita.
Kachale also struck off Ralph and Arnolds as co-accused persons on the case and asked prosecution to amend the charge sheet so that proprietors are charged instead.
The judge has since adjourned the case to September 8 2014 to allow the State to report on which case would start first.
