Mphwiyo Shooting: Kasambara, Pika, Kumwembe Have Case to Answer

Dauka (middle) Kadzuwa (left)
freed from Mphwiyo shooting case 

Lilongwe High Court finds three suspects with case to answer in the attempted murder and and conspiracy to commit murder of former budget director Paul Mphwiyo in the night of September 13th 2013 at the gate of his home in area 43.

Former Justice Minister and Constitution Affairs, Raphael Kasambara, Pika Manondo and McDonald Kumwembe have been found with a case to answer. While Dauka Manondo, Robert Kadzuwa and Oswald Lutepo  have been acquitted as the court finds no substantive evidence against them to be connected to the shooting.

Meanwhile Judge Justice Michael Mtambo has adjourned the case to 22 May 2015 where the court will enter the defense. 

Reacting to the three acquittals, Director of Public Prosecution Mary Kachale says the state respects the decision of the court. 

Why some suspects have case to answer and not others?

Raphael Kasambara will enter defense on the charge of Conspiracy to commit murder while Pika Manondo and McDonald Kumwembe are expected to enter defense with two counts of Attempted murder and Conspiracy to commit murder of Malawi's former Budget Director Paul Mphwiyo.

Kasambara has been acquitted in attempted murder charge because there was no evidence to justify the alleged threats the victim (Mr. Paul Mphwiyo) had claimed and that Kasambara was not identified among the assailants who were at the victims gate during the shooting. 

However, Kasambara has a case to answer on conspiracy to commit  murder following Airtel call logs which indicates that he was in a constant contact with the other suspects prior to and the night when Paul Mphwiyo was shot.

Justice Michael Mtambo said the court also agrees with state that Pika Manondo has case to answer for the "unusual" kind of communication he had with Kasambara night of Paul Mphwiyo shooting which one would suspect that they were executing a certain plan. The court added that Pika was identified by the victim as one of the suspects and that  he fled out of the country immediately Paul Mphwiyo was shot and was arrested a month later.

McDonald Kumwembe has a case to answer says the court following Airtel call logs which trace him moving from Bvumbwe to Lilongwe while in constant contacts with the other suspects. Not only that but also, his phone number registered that he was in Area 43, a location where the shooting took place and within hours the shooting took place.

Court further finds no evidence that Kumwembe had travelled to Mozambique the period of Mphwoyo shooting since Kumwembe was also found with a bus ticket indicating that he travelled from Blantyre to Lilongwe a day before Mphwiyo's shooting. 

On airtel call logs and the ownership of the phone numbers, Justice Mtambo said the court finds that the call logs were credible since "none of the accused" had  asked Airtel experts even a single question of ownership of the phone numbers or disowning them.

Justice Mtambo also ruled against defense submission particularly made by Raphael Kasambara and John Mwakhwawa that there is possibility that the phones of the accused were with their spouses including the submission made by Kasambara that his phones could have been with his personal assistant because he would let them use his phones.

"Cellphones are meant for  personal holders and are not given to spouses to communicate even with husbands friends during old hours" said Mtambo who added that "It is not possible to let your personal assistant use your phone, communicating with your friends even up to old hours."

Robert Kadzuwa has been acquitted because there is no evidence against him apart from the claim by the state that he was found with millions of Kwacha's while with Kumwembe, the money which the state suspects to have been a payment after shooting and the two were about to share. 

The judge said there is no evidence that the money found with Kadzuwa was his payment after the shooting.

Similarity the court finds no evidence that Dauka Manondo was involved in the shooting and conspiracy to commit murder of Paul Mphwiyo.

Oswald Mtupila Lawyer for Oswald Lutepo 

Oswald Lutepo has also been acquitted following acknowledgement by the state that his name made it to the suspects list when the state witness mistakenly named him for Pika Manondo.

Meanwhile the lawyer for Lutepo, Oswald Mtupila who looked so happy, says he would wait for Lutepo for a go ahead on appeal for compensation for the costs incurred having being dragged into the case.