Lutepo exaggerating illness , fit to stand Malawi cashgate trial -doctors

Two independent medical doctors had concluded that businessperson and Cashgate suspect Oswald Lutepo is fit and well to stand trial and observed in their assessment that he has been faking his mental illness to escape prosecution.

In the assessment submitted to High court in Zomba, College of Medicine (CoM) psychiatrist Felix Kauye and Jennifer Ahrens of Queen Elizabeth Central Hospital (QECH)—both in Blantyre—said there is no medical condition to prevent Lutepo from standing trial.

They also indicated that Lutepo was not suffering from mental illness.

And Justice Redson Kapindu has ruled that Lutepo is fit to stand trial from May 4 2015 when Director of Public Prosecutions (DPP) Mary Kachale is expected to make an application to the court.

In his report, Kauye described Lutepo’s condition as “malingering”, which is defined as “purposeful production of falsely or grossly exaggerated complaints with the goal of receiving a reward or the avoidance of punishment and work among others”.

Kauye told the court that in his interpretation, Lutepo was “feigning an illness to achieve secondary gain”.

Ahrens also found that Lutepo did not have a mental disorder to render him unfit to stand trial.

“There is no evidence from assessment that Mr Lutepo has a mental disorder that would affect his capacity to stand trial. In my opinion he is fit to stand to trial. While it is not possible to predict the future behaviour of Mr Lutepo, I did not note any behaviour during his admission and assessment that would indicate that he would behave inappropriately in court.

“Mr Lutepo has capacity to competently give his own evidence should need arise and should he elect to,” reads part of the report by Ahrens.

According to private practice lawyer Oswald Mtupila representing Lutepo, earlier examinations by three doctors, one from Medical Aid Society of Malawi (Masm) Medi Clinic in Mzuzu and two from Kamuzu Central Hospital (KCH) in Lilongwe said Lutepo had anxiety disorder with panic attacks and referred him for further psychiatric evaluation.

Lutepo is facing multiple criminal charges, among them theft and money laundering K3.1 billion at the High Court in Zomba, theft and money laundering K5.7 billion alongside former minister of Justice and Constitutional Affairs Ralph Kasambara and others at the High Court in Zomba, perjury charges at the Lilongwe Magistrate’s Court, conspiracy to commit murder before the High Court in Lilongwe and tax evasion.

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