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Cashgate suspects want pre-trial bargains

Said to have written the  DPP: Lutepo
Said to have written the
DPP: Lutepo

Malawi Government is discussing with some Cashgate suspects on the possibility of striking pre-trial bargains relating to various charges the suspects are facing on the looting of K20 billion from public coffers, Nation on Sunday can reveal.

Sources close to the discussions say the Anti-Corruption Bureau (ACB) has been approached by several suspects, some of whom have written the Attorney General (AG) requesting pre-trial deals bordering on becoming State witnesses and returning the alleged stolen money.

But when Nation on Sunday tried to confirm the development with some known suspects or their lawyers, they declined to comment.

According to the sources, one of the suspects, Oswald Lutepo, who is answering several charges relating to money laundering and theft, is said to have written the AG and Director of Public Prosecutions (DPP) Mary Kachale recently, proposing to become a State witness.

While confirming Lutepo’s letter to the DPP, AG Kalekeni Kaphale said in an interview on Friday he was not involved in the talks.

“I cannot stray outside my constitutional mandate. When he wrote us, he didn’t write directly to me. He wrote the office of the Director of Public Prosecutions. And it was not about being a witness, it was about cutting a deal,” said Kaphale without elaborating.

Speaking on behalf of the DPP, Ministry of Justice spokesperson Apoche Itimu could neither deny nor confirm the Lutepo letter, but conceded the DPP has been approached by some suspects on the possible deals.

Said Itimu: “In the interest of justice, we cannot disclose whether or not the DPP office has been approached by Mr. Lutepo’s counsel for a possible plea bargain. What we can say is that several of the accused persons have approached the DPP’s office for a possible plea bargain.

“However, because although the law under Section 252A [of Criminal Procedures and Evidence Code] makes provision for plea bargains, there are yet to be guidelines set down by the Chief Justice pertaining to the same. As such the DPP’s office is yet to form a position on the proposed plea bargains.”

Another suspect, Pika Manondo, is said to have held discussions with ACB officials on the possibility of becoming a State witness, according to well-placed sources.

Said one of the sources: “The ACB has held talks with some of the suspects who were encouraged by the decision by Senzani to plead guilty and return the money she stole. They have been coming to ACB to ask whether ACB can also discuss with them the possibility of returning some money. Some want to become State witnesses.”

But ACB senior public relations officer Egrita Ndala could neither confirm nor deny the matter in an e-mail questionnaire. She also refused to name the suspects involved in the said discussions.

“The bureau does not discuss operational issues in the media as that may prejudice [its] operations,” she said.

On his part, Manondo refused to comment on the matter when contacted on Friday.

Lutepo also declined to comment on the matter, but referred the reporter to his lawyer Osward Mtupila who expressed ignorance about the development.

Minister of Justice and Constitutional Affairs Sam Tembenu on Friday said government has no stance on whether to accept those courting prosecuting agencies with proposed deals.

“It’s a decision that has been left to the prosecuting agencies. The Director of Public Prosecutions (DPP) has the mandate to make decisions on such matters and government’s position is not to impinge that office from exercising its mandate,” said Tembenu.

But Chancellor College law lecturer Dr. Mwiza Nkhata has warned that while the law allows pre-trial bargaining, justice cannot be fully served when accused persons only return the money they stole after striking deals.

“Despite the law allowing pre-trial bargaining, it’s also not automatic that every person who asks for a deal should be allowed. The gravity and severity of the crime determines [the action taken].

“The other issue is, the K20 million of 2010 is not the same as the K20 million of 2014…and government should also strive to get the other benefits of proceeds of crime and ensure that generally justice is done and not just accept that someone wants to return the money he [or she] is accused to have stolen,” said Nkhata.

The discussions come hot on the heels of two Cashgate convictions involving former principal secretary in the Ministry of Tourism Treza Namathanga Senzani and former accounts assistant in government, Victor Sithole, who was found guilty of money laundering, being found in possession of money suspected to have been stolen and being found with foreign currency without approval from a minister.

Senzani pleaded guilty to charges relating to embezzlement of K63 million and returned the money she stole in cash and property.

Over K20 billion is said to have been stolen between April and September 2013 in a public finance management scandal that angered donors and shocked a nation whose majority citizenry remain in abject poverty 50 years after attaining independence.

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3 Comments

  1. I do not understand why the government is entertaining these thieves. If the government has the evidence and the means to prosecute why are they wasting more time and tax payers money to listen to the corrupt rot? I do not see how we as Malawians can earn the trust of the donors if we continue to be part of a corrupt syndicate that cleaned out the treasury. Lets proceed with swift and heavy penalties to prove to not only ourselves but also the out side world and those that might have a slight cling of doing the same with state funds. We must set an example that it is not acceptable to steal . Lets not make a mockery of the justice system. Lets retrieve everything the thieves stole and let them rot in jail without a hope of coming back and enjoy the stolen loot.

  2. Izi ndiye ndizauchisilu!!!!!!! kalekeni kaphale ndi kachale ndinu zisilu number 1 muziko lino zowona entertaining lutepo. Malawians mobb justice is the way to go look what is happening. Okay pangani ma deal anuwo anthuwo atuluseni akaumana ndi ifeyo kuno

  3. THESE SEEM TO BE DIRTY DEALS AND WILL HEAVILY DILUTE THE CASH GATE CASES IN THE END.THE DEALS HAVE THE POTENTIAL TO SEND WRONG MESSAGES TO CASH GATERS OF TOMORROW

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