BY AGATHA JAMU
It all started with a media briefing the Centre for Democracy and Economic Development Initiatives (CDEDI) addressed in Lilongwe that brought to light the anti-climax of the sickening abuse of power that culminated into using of locals, both female and male at Shayona Cement Corporation Kanego office as sex objects.
During the presser CDEDI showed journalists a 17: 26 minutes’ video depicting a housekeeper being sexually abused by his boss an Indian who was working as Assistant Logistics Manager at Shayona Kanengo office Jayesh Kumar Dalwad. In the disgusting video the house keeper (name withheld) was being forced to cares his boss’s private parts.
In fact, this disheartening video was recorded as proof of the dehumanising acts the housekeeper was subjected to every morning, Monday through Saturday as a condition to keep his job after his superiors dismissed his ordeal on several occasions purportedly due to lack of evidence.
Soon after the briefing held on Wednesday April 10, 2024, a private practise lawyer Innocent Tepeka of CTN stormed Zodiak Broadcasting Station (ZBS) while claiming to be the lawyer for the abused man was quoted saying “both parties through lawyers managed to discuss the issue and resolved it to the satisfaction of both parties “
Tepeka’s sentiments irked the survivor who also stormed ZBS to distance himself from the lawyer’s claims. He also told Nkoma, and Timveni online publications that he never appointed Tepeka to take up the matter, arguing that they only met once in the presence of two other people, a lady and a man.
“I only met him once and it was during the night, I was made to sign a two papers, later on I was informed that I gave the lawyer an instruction to take up the matter. But a few minutes after the trio left the scene, I got a call from the lady asking me to come back.
I later on gathered the two picked up a quarrel. This act gave me the impression that they were too disorganized to represent me. It was therefore strange to read on ZBS online that the matter was settled. I mean how do you settle the matter without first signing an agreement that clearly states how much the lawyer will be paid at the end?”
According to some communication we have seen, dated April 12, 2024 and signed by Tapani, he backtracked on the earlier claims that the matter was settled, since he indicated in the communication that the two parties were to hold a decisive meeting to agree on the actual settlement on the matter on Saturday April 13, 2024.
Reads the resolution Tapani signed: “If after the meeting a settlement is agreed and how much the same should be, and it should be given to the survivor to approve; If the boy does not approve, then he should proceed to seek legal services from another lawyer to proceed with the matter.”
According to the resolution, feedback was supposed to be given to the sexual abuse survivor by close of business on Saturday, April 13, 2024, which never came, and this, according to the house keeper, means that Tepeka did not represent the him in the matter but himself.
“In fact, the lawyer by his own admission said he could not recognize me, had we met on the street, how then can he claim to represent me in the first place? How do you claim to have reached a settlement without an agreement, let alone a closure certificate? I will seek the help so that this kind of behaviour should be reported to the relevant authorities for redress.”
When contacted Tapani for his comment, he said he was no longer representing the survivor.
“Following our meeting yesterday (Saturday, April 13) with his representatives, it was resolved that I should no longer continue representing the alleged person and we terminated our client /lawyer agreement and also all the agreements entered with third parties on his behalf are a nullity. In other words, they no longer exist. So would you kindly talk to his new lawyers as I am no longer in any position to comment on his behalf as I am no longer his lawyer.”
As per the above response Tepeka is admitting that he cut corners in the manner in which he handled everything. “Shayona paid the money but I wrote that communication to buy time as I was figuring out how to convince my client to accept that the matter was settled in absence” he confessed.
He stamped the said communication on a paper without a letter head as is the common practise with formal communication from lawyers.
As he was peddling the above lie, at the back of his mind he was fully aware that Shayona transferred funds into his account on March 21, 2024 coincidentally, it is the same day Jayesh is reported to have fled the country through Kamuzu International Airport.
Cornered to as to why he did not tell the nation the truth on the matter Tepeka fished out a file alleging that Shayona paid him MK30 million which to paid himself MK10 million, while MK12 million was split between the due that linked him with the abused house keeper. Tepeka claims he did so after he was convinced by the due that the survivor had relocated to South Africa.
“I was very shocked when Mr. Namiwa brought him in my office after the agents persuaded me that after getting his dues from Shayona, my client relocated to Africa this is why you see that I had to write with a pen adding one million on the initial agreements with the agents,’’ said Tepeka.
The abused house keeper was shocked to read in the file that he had entered an agreement with the agents to give the MK5.5 million each for linking them up with Tepeka when in fact they only met once.
