- Lead Investigator Says Lutepo Was A Mistaken Identity
- The person who named Lutepo changed evidence
Oswald Lutepo, one of the six suspects in the ongoing case of Attempted Murder and Conspiracy to Commit Murder of former Budget Director Mr. Paul Mphwiyo is likely to be acquitted by the Lilongwe High Court if what the lead investigator Kankhwala Chilinda told the court Wednesday morning is to go by.
The court was continuing with cross examination of Chilinda a lead investigator in this case and was being questioned of several issues pertaining to how he used every lead in the case immediately after taking up the role of an investigator to find who and what led to the shooting of Paul Mphwiyo on 13th September, 2013.
Immediately, as one of the suspect and self represented lawyer in this case, Raphael Kasambara had finished cross examination with Chilinda, it was time for Oswald Mtupila, lawyer for Oswald Lutepo who has been missing court appearances due to his health condition.
Mtupila went straight to ask Chilinda to confirm his earlier statement that Lutepo was found on Mphwiyo suspects list by a mistake made by as state witness who tipped off the police as they were carrying out investigations.
Chilinda confirmed before Lilongwe High court that Lutepo was a mistaken identity as it was confirmed by Charles Chalunda a state witness who was later convicted and charged of perjury by Zomba court in a same case.
"You investigated the case and you are telling the court that the person who informed you, about Oswald Lutepo later informed police that he made a mistake to mention Mr. Lutepo's name in the first place. And corrected that the right name was Pika Manondo, so there is no any other evidence apart from the one told you. Is that right?" asked Mtupila and got "Yes" reply from Chilinda.
Then, Mtupila made a prayer to Judge Justice Michael Mtambo that since there is no evidence against Mr. Lutepo's involvement in the Mphwiyo shooting, there is no purpose for Mr. Lutepo to be included in the case, therefore his client be extracted from the charge sheet.
However, justice Mtambo said Mtupila's request would be considered during the time when parties in the case will be making submissions on case to answer or not.
Earlier, Kankwala Chilinda said as an investigator did not consider sentiments made by former president Dr. Joyce Banda in Lunzu, Blantyre of her knowledge of persons who shot Mphwiyo a right lead to trace who carried out the shooting.
When Chilinda was asked by Kasambara reasons why the investigator had skipped authentic evidence publicly made by the "clean source who happened to be Commander In Chief of Malawi Police" at Lunzu, Chilinda said former president remarks were considered as not a right lead on Mphwiyo shooting incident because such remarks were made by a person who always gets information from police officers.
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