Dr. Ntaba, Ndovi, Rashid Paraded as State Witnesses
The Judge presiding over the case of Conspiracy to Murder and Attempted to Murder Malawi's former Budget Director Paul Mphwiyo was forced to adjourn the matter when the accused and self represented lawyer in the case Raphael Kasambara cross examined fifth state witness in short tempered manner.
Justice Michael Mtambo has adjourned the case from Tuesday evening to this Wednesday morning.
Kasambara appeared in court together with four other accused persons; Pika Manondo and his brother Dauka Manondo, MacDonald Kumwembe and Robert Kadzuwa while Oswald Lutepo failed to appear due to heath grounds.
Raphael Kasambara in the day was cross examining a state witness Gabriel Rashid (Mphwiyo wife's brother-in-law) after recounting his encounter on September 13th, 2013 the night Mphwiyo was shot.
Lilongwe High Court heard the witness saying at around 00:00 hours and 01:00 (midnight) left the house of Paul Mphwiyo to Kamuzu Central Hospital (KCH) taking with him clothes to be used in changing Mphwiyo and his wife's blood stained clothes worn at that time. He said few meters away from Mphwiyo's house while driving his Toyota Linux, saw a black double cabin vehicle likened by the witness to a Toyota D4D Hilux approaching him to his right hand side as if it was trying to overtake.
But the witness said as soon as the suspicious vehicle neared him to the right side, heard from the vehicle a voice instructing the driver to hit his vehicle. At that moment the witness said "was terrified" and like in a fast and furious movie, the race between the two vehicles began from Area 43 passing Ufulu Gardens road then went on to M1 road at Area 30 up until he made a swift turn to Lingadzi Police Station at Area 18 for help, the black colored vehicle left him.
He said at the police station met with a female and a male police officers whom he cant remember. Rashid said police recorded his statement and later was driven to KCH by George Mwale a close friend of Mphwiyo who came to the station when learned that the witness was being followed by a suspicious vehicle.
From the witness evidence that he was driven to KCH by George Mwale, Kasambara was in a very incensed comportment while demanding the witness to be exact on who drove him to KCH in the night of September 13th, 2013 from Lingadzi Police Station in area 18. Kasambara argued that the evidence was different from recorded statement the witness gave to state wherein is on record saying it was police vehicle which drove him to KCH.
"Who exactly drove you from Area 18 Police station to Kamuzu Central Hospital?" inquired Kasambara in a very loud angry toned voice.
Immediately, the Director of Public Prosecution Mary Kachale stood up to interrupt Kasambara by asking the Judge to stop the lawyer from further asking the witness in such intimidating manner.
But in response, Justice Michael Mtambo said "In this case I am adjourning the case to tomorrow morning at 09:30"
That was not the only time Kasambara clashed with this witness. At the very beginning of cross examination Kasambara also asked the witness if he will be responding questions as "a human being or God". This was because the witness for several times said he out smarted the speed of the "black vehicle" by the grace of God and that God was driving his vehicle through him at time of the racing.
Highlights of what transpired in the court.
Earlier in the day, the state paraded other two witnesses Rhoda Ndovi a close family friends to Dauka Manondo and Dr. Hetherwick Ntaba a doctor who was called to give first treatment to Paul Mphwiyo who was bleeding heavily from the gunfire wounds as he gasped for life.
The witness Rhoda Ndovi told the High Court that a panicked Dauka Manondo came to her house in the dawn of 14th September 2013 (just few hours after Mphwiyo's shooting) driving a Surf black in color. The witness said she asked Manondo reasons for coming to her house at dawn. She said Manondo answered her that he was running away from a gang which has just shot his friend (Mphwiyo) and he was afraid of being the next target as the gang may think that he also huge sums of money. She added that Manondo also asked the witness to take a bath at the house.
Later in the afternoon, the state brought Doctor Hetherwick Ntaba who gave recount of how he treated Mphwiyo at Medical Aid Society of Malawi (MASM) clinic in Lilongwe before reffered to Kamuzu Central Hospital (KCH). He said the treatment was particularly on stopping excessive blood loss.
He said Mphwiyo was in "Life and death situation"
Dr. Ntaba also told court about his experience in treating gunshot wounds. He said in United States of America, Philadelphia state, he in many occasions treated patients with gunshot wounds and in few occasions at KCH and at Queen Elizabeth Central Hospital (QECH) in Blantyre Malawi.
The cross examination of the fifth witness by Raphael Kasambara will continue this Wednesday 18th February 2015.
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