LILONGWE, Malawi, January 29 (MaraviPost): The state has asked the court to allow it engage the services of a medical expert to examine the condition of businessperson Oswald Lutepo, Who failed to appear at the High Court in Lilongwe yesterday.

Lutepo in a radio interview has implicated former President Joyce Banda as being the biggest beneficially of Cashgate If not the master mind. His sickness which appears to be real can easily be attributed to the enormous stress he is going through.

 

Oswald Lutepo and other defendants among them Raphael Kasambara are answering a charge of conspiring to murder former Budget Director Paul Mphwiyo who is also being accused of Cashgate offenses.

Director of Public Prosecution, Mary Kachale, made the application after a medical report about Lutepo’s health from Medical Aid Society of Malawi (Masm) Medi Clinic, dated January 26 2015 was presented to court.

“The state wants an independent examiner to verify the findings of the clinic that diagnosed him unfit to stand trial,” Kachale said.

Judge Michael Mtambo gave the state the go-ahead. Subsequently, an order was issued:

“Upon hearing the Director of Public Prosecution, it is hereby ordered that the state be at liberty to engage services of a medical doctor and/or psychiatrist to examine Mr. Oswald Lutepo, sixth accused person, for purposes of determining whether he is fit to stand trial.”

After the medical report was presented, there was debate between the defense and the state on whether the case should proceed in the absence of Lutepo.

Among the reasons given, Lutepo’s lawyer Oswald Mtupila said it would be unfair to start the case without his client.

According to the medical report, Lutepo was admitted to Masm Medi Clinic on Friday last week.

“This is to certify that Mr. Oswald Lutepo, 37-years-old, Malawian, male has been admitted to Katoto Masm Clinic since Friday 23 January 2015. According to the guardian, the patient was found unconscious in his room at around 10am. On arrival, the patient was awake, but unable to move on his own…,” reads the medical report.

“According to our observation, the patient needs a specialist consultation (psychiatric) for more investigation and better management. The patient has been referred to Mzuzu Central Hospital for more investigations,” reads the medical report signed by Medical-officer-in- Charge at the clinic Dr. Isaac Gasiga.

Lutepo was added to the case, which previously had Macdonald Kumwembe, Robert Kadzuwa, Raphael Kasambara, Pika Manondo and Dauka Manondo as suspects.

Despite granting the order to re-examine Lutepo, Judge Mtambo said the case would proceed and that Lutepo would take plea later.

The case started by having the other five suspects take plea before Mphwiyo, who was shot in September 2013, was cross-examined by the defense counsel.

First in the line of cross-examination was Raphael Kasambara himself a defendant in the case and later Gift Mwakhwawa.

They quizzed Mphwiyo on a number of issues, including his involvement in a money laundering case involving K2.1 billion and his association with Lutepo and other senior government officials at that time.

The court then adjourned to 16 February to allow the defense team to prepare fully.