Former president Joyce Banda has changed tune on her earlier decision to block Cashgate suspect and businessperson Oswald Lutepo from accessing her call logs.
The decision means Lutepo can now access the data about telephone calls Banda made with former budget director Paul Mphwiyo, former deputy inspector general of police Nelson Bophani and former Justice and Constitutional Affairs minister Fahad Assani.
Banda had applied for a stay stopping Lutepo from carrying the order which the High Court had granted him earlier to access the call logs, arguing executing the order would have, among others, infringed on her right to privacy.
The High Court in Zomba yesterday convened to hear arguments from Lutepo’s lawyer Oswald Mtupila on the stay.
But before the lawyer presented his arguments, Banda’s lawyer Mauya Msuku rose and told judge Redson Kapindu that Lutepo can access the call logs.
“The application for a stay is withdrawn and the call logs can be produced to the court. These are call logs that are relevant to the case,” said Msuku.
Mtupila and Director of Public Prosecutions (DPP) Mary Kachale had no objections to Msuku’s plea.
Kapindu said in light of Joyce Banda’s change of heart, the order to stop call logs access had been withdrawn and that an earlier one which gave Lutepo access to them is enforceable.
“I, therefore, order Airtel Malawi to produce the call logs by not later than Monday, 27th October 2014 and the calls logs should be inspected on Friday 31 October 2014 in the presence of all the three parties [Lutepo, Joyce Banda and the DPP]. Airtel must comply with this order,” said Kapindu.
Mtupila then asked the judge to give him seven days after call logs inspection to prepare the case. The judge ordered that trial should commence on Monday, November 17 2014.
Kapindu, however, warned against unnecessary adjournments which could delay the case.
In an interview afterwards, Msuku said there was a change of heart on the call logs after assurance that only call logs relevant to the case Lutepo is answering will be inspected.
“The order was broad; it talked about all the call logs from 1st January 2013 to 31 December 2014. We felt that was infringing on the right to privacy of the former president because some of the calls she made were to her family and friends. Now that only those relevant to the case will be inspected, we have no problem with that,” said Msuku.
