Mphwiyo Shooting Case: Court To Subpoena Joyce Banda As Witness

Lilongwe High Court 

The High Court Registrar is expected to make a decisive action which will possibly force former President Dr. Joyce Banda to come back to Malawi to stand as a defense witness in Paul Mphwiyo shooting case.

During the court sitting on Friday last week resolved that the Court Registrar should subpoena all witnesses named by defense but currently seem not likely to come to stand as witnesses.

The decision was made following request from second accused, Pika Manondo that court must intervene and use its power to bring to court former Head of State Dr. Banda who currently is outside the country and she seem not to come back in the country very soon.

Manondo said the former President has a lot to explain in this case.

His request was made after Judge Michael Mtambo remarks before adjourning the case. He emphasised that he wants the case be concluded very fast. 

He said court will not tolerate any delays and that the defense should call its witnesses during the upcoming sitting of court. 

Justice Mtambo also warned that he will not hesitate to revoke bail of the accused persons who fail to cooperate.

Kachale: High Court Registrar must
  subpoena witnesses 

But when the state was asked to help defense bring witnesses to court, Director of Public Prosecution (DPP) Mary Kachale said the High Court Registrar was in the right place to subpoena all witnesses.

Kachale said with that authoritative letter, enforcement agencies can react in a situation where the witness is not willing to appear in court.

Former Budget Director Paul Mphwiyo was shot at the gate of his house in area 43 during the night of 13th September 2015. His shooting led to number of arrests in connection to looting of public money dubbed cashgate.

McDonald Kumwembe identified as a shooter was found with case to answer on attempted murder and conspiracy to commit murder together with Pika Manondo while former Justice Minister and Attorney General, Raphael Kasambara was found with case to answer on conspiracy to commit murder.