Justice Mtambo Serious on Concluding Attempted Murder of Mphwiyo’s Case In May

Justice Mtambo Serious on Concluding Attempted Murder of Mphwiyo’s Case In May

The High Court Judge Justice Michael Mtambo has stick to his earlier decision that the case of Attempted Murder of Malawi’s former Budget Director be concluded by May this year.

On Wednesday 28th January this year, Justice Mtambo told both parties in the case, that they should be preparing submissions on whether the five accused have case to answer or not in order to prevent delays.

On Thursday 19th February 2015 when adjourning the case for 18th to 20th March 2015 after three days of cross examination and examination in chief of five state witness witnesses  Justice Michael Mtambo also reminded the state to make sure that it is serious in managing time for bringing witnesses to court.

This reminder came as the state prayed to the court for an adjournment of the case preferably to Mid March so that it has ample time to resolve other technicalities with the remaining 10 witnesses. Director of Public Prosecution (DPP) Mary Kachale had earlier in the day informed the court that other witnesses are negotiating timing of court proceedings and at their respective work places therefore more time was needed and that shall be a month break. In the afternoon the judge accepted the request but reminded the state to utilize and manage effectively the scheduled three days for the remaining 10 witnesses.

As of Thursday 19th February the state has paraded 9 witnesses including Mr. Paul Mphwiyo, Brother in law of Mr. Mpwiyo’s wife Gabriel Rashid, two doctors who treated Mphwiyo; Dr. Hetherwick Ntaba, Dr. Carlos Varera, and the housemaid of Raphael Kasambara’s Jessie Mussa. 

After 10 more witness are paraded by the state the court will make its determination of discontinuation of the case once it finds the accused have no case to answer or continuation of the case if the accused found with case to answer.

The case of Attempted Murder and Conspiracy to Commit Murder of Former Budget Director Paul Mphiyo on September 13th 2013 accuses former Attorney General and Minister of Justice Raphael Kasambara SC, Oswald Lutepo, Robert Kadzuwa, Pika Mandondo his brother Dauka Manondo. 

Mphwiyo’s shooting was manifestation of calculated looting of Public coffers at Capital Hill where it is alleged that the perpetrators were able to transfer funds from the government bank accounts to the vendor accounts for goods and services that were never supplied and then to delete these transactions from the IFMIS system (Integrated Financial Management Information System a Soft-Tech Consulting Limited [Soft-Tech], EPICOR based software solutions). 

It is claimed that the system was manipulated to release funds without lawful authority, create and approve unauthorised payments, issue cheques through the Accountant General’s Department and transfer funds into supplier accounts without authorisation.