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Tuesday, 1 September 2015

Mphwiyo Shooting Case: Kumwembe Names Former President Joyce Banda As Witness

Lilongwe High Court 

McDonald Kumwembe names Joyce Banda and seven other persons as his witnesses for the case of attempted murder and conspiracy to kill former Budget Director Paul Mphwiyo. 

Kumwembe and Pika Manondo were found with case to answer on conspiracy and attempted murder of Paul Mphwiyo, while Former Justice and Constitutional Affairs minister Raphael Kasambara was found with case to answer on conspiracy to commit murder. 


He becomes a third accused person to mention former president Dr. Joyce Banda as witness in the Paul Mphwiyo attempted murder case. 

In 2013, before Lilongwe Chief Resident Magistrate Court, Kasambara named Dr. Joyce Banda (then sitting president) as one of his five witnesses. Pika Manondo was a second person to name the former leader in the present case but it was at the time when court found him with case to answer. 

Kumwembe was at the Lilongwe High Court this Tuesday morning where he mentioned former President Dr. Joyce Banda, Friday Jumbe, Hofmally Makande and other five persons as his witnesses. 

Kumwembe also told the court that he will be representing himself after his lawyer Wapona Kita had asked the court in July to discharge himself from being his legal counsel. 

Kumwembe had also applied for presiding Judge Michael Mtambo recusal on grounds of possible bias. However Director of Public Prosecution, Mary Kachale said the defense in its applications is just trying to delay the case. 

The court has also granted Raphael Kasambara to go to South Africa for medical attention. 

Meanwhile the case has been adjourned to Friday this week where presiding Judge is expected to make ruling on Kumwembe application for Judge recusal and ruling on state application for the bail revocation of Kumwembe. 

Paul Mphwiyo was shot the night of 13th September in 2013 outside the gate of his house in area 43 and identified Kumwembe as the man who shot him. The shooting incident erupted more information on the looting of government money dubbed Cashgate. 

Three Mphwiyo Suspects Names Joyce Banda 

According to Kumwembe, his witnesses are Dr. Joyce Banda, Friday Jumbe, Hofmally Makande, Chriatopher Maclen Felix Chauwa, Robert Kasamu, Eric Mambucha and Chifundo Chikakufa. 

But in 2013, when Chief Resident Magistrate Ruth Chinangwa told Raphael Kasambara he is being held on charges of the attempted murder of Mphwiyo, before committing this case to the High Court which has jurisdiction to try cases pertaining to murder, he named Dr. Joyce Banda,  Cecilia Kumpukwe (of State House), Brown James Mpinganjira, Prophet Elias and Hophmally Makande of the Peoples Party (PP) as his witnesses.

Pika Manondo in July this year, told the court that he expects to parade the former president Dr. Joyce Banda, her former guard commander, Mitepa, Gostera Chimseu, Mr Kadzamira and lawyer Wapona Kita as his witnesses in the matter adding that he may as well call former minister of justice Fahad Asani as his witness but at discretion of his legal counsel. 

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