Cashgate convict Oswald Lutepo and his wife Gertrude have denied having sex in prison, and have since demanded K1 billion damages from Times Media Group for publishing the sex story.
The Lutepo’s have filed for damages at Blantyre High Court and are being represented by Blantyre-based legal firm Joe and Max Chambers.
The Sunday Times, one of the titles for Times Media, reported on Sunday that the convict was allowed to have sex sessions with a woman on May 31 at Chichiri Prison.
Lawyer Joseph Kamkwasi said Lutepo and his wife “deny having had sexual intercourse at the penal institution” and state that they are fully aware that sexual intercourse is not permissible in Malawi prisons and “such instructions were fully communicated by the authorities when Mr. Oswald Lutepo commenced his jail term.”
Times Media Group has seven days to respond.
“We find the publication of your article repugnant to journalistic ethics as Mr. Lutepo was not contacted for his side of the story. We do not believe that prisoners have no rights to their reputation.
“We therefore have instructions to claim from you the sum of One Billion Malawi Kwacha being damages for libel on the footing of aggravated damage.
“Should we not get any positive response from you within 7 days from the date hereof, we have instructions to commence legal proceeding in the High Court without any further recourse to you whatsoever where over and above the amount claimed herein you shall be condemned to pay our
costs,”reads the document signed by Kamkwasi.
Lutepo is serving a 11 year jail term with hard labour (IHL) after being convicted for conspiracy to defraud government and money laundering K4.2 billion, in September, 2015.
He is currently appealing against the sentence, arguing he was betrayed by the State and that Judge Kapindu disregarded his positive testimony in the trial and concentrated on the negative aspects of his case.