Mphwiyo Shooting Case: Pika Denies Presence At Crime Scene

Pika Manondo, second accused in answering conspiracy and attempted murder of shooting Paul Mpwhiyo has denied presence in area 43, residential area of the victim and where the shooting happened in the night of September 13th 2013 as call logs trace him using a network tower of area 43 same night.

The second accused now in his defense was being cross-examined by prosecution on Friday morning especially to clarify his movements and calls he was making prior and after supposed hours Paul Mphwiyo was shot at the gate of his house in area 43.

It is suspected that Paul Mphwiyo who survived the shooting was shot between 23:00 hours and 24:00hours just outside the gate of his house in area 43.

With support of call logs and network tower location, Pika is traced to have used a network tower of Area 43 at 23:12 hours and other call logs indicates that he constantly exchanged calls with third accused Raphael Kasambara.

The State told court that it believes that Pika was in area 43 between 23:12 hours and 00:00 hours. 

However, the accused denies being in area 43 that night saying he was all night drinking in several bars with friends. 

When the question was put before him of his whereabouts between those hours of that night, Pika said was drinking on September 13th , and that level of his awareness was just “fairly high” but “not drunk.”

While admitting being tipsy with number of bottles he had drank Pika indicated that he could not remember exact times of when some events happened but recall making movements earlier that evening particularly from Chameleon bar to Chez-Temba night club via Pacific Mall in area 10 (neighboring area to area 43) where he stopped by at Vision Gaming club.   

Pika explained that he moved from Chameleon bar that night to Chez night club because he wanted to drink closer to home in area 47.

He has told court that he will bring Gostern Chinseu, one of the persons he met while clubbing at Chez-Temba that night. The issue of this witness however, brought some misunderstanding when State had asked Pika if that person is coming as an alibi witness.

Pika also indicated that after clubbing he went home but still could not recall precise time he left the club, “From Chez-Temba I did not go to any other place other than home in area 47” he insisted

He further told court that the morning of September 14th, he traveled to Dedza district then back to Lilongwe the same morning and went straight to hospital to see his friend Paul Mphwiyo. But Pika said could as well not recall exact time he wake up and left home for Dedza. 

Pika indicated to court that most of the questions from State were assumptions and at one point, he asked State to bring a witness who had seen him being in Area 43.

Apart from denying presence in residential area of the victim during the night of shooting, throughout the cross-examination with state, Pika denies possibility of some of the movements as call logs indicates.

He said it is impossible that him could at 23:12 hours be in area 43 then at 12:37 hours being in area 32 (near MCP House/Head Quarters) and two minutes later at 12:39 hours being in area 47 sector 2 as call logs indicates. Same call log later trace him making call at 12:47 hours in area 11 and therefore the accused maintains it was not possible that one can travel from one place to another within such a space.

But state told court that it suspects that such was the case because the accused was driving so fast and that since it was in the middle of the night with possibility of no traffic, he was therefore able to travel fast within those places while network towers capturing him as he was making constant calls.

It was also revealed in court that the defense are going to call Airtel experts to tell court the best and accurate technology used to precisely establish position of the subject making or receiving phone call.

Kasambara (in jacket)

According to explanation made by third accused, Raphael Kasambara when the state was continuing cross-examining Pika on the call logs, the Airtel experts who came in court last year, were only analyzing frequency of the conversations and location of network tower and therefore it implied that they were not precisely locating the distance the subject was from the tower at the time of making or receiving the phone call.

Kasambara indicated that the correct and precise technology to locate a person is cell phone GPS which defense would like the Airtel experts to explain more when they come back to court.

Kachale: questions Airtel new evidence 

“If Airtel will come to discredit themselves in this case then we will wait to hear from Airtel” reacted Director of Public Prosecution (DPP) Mary Kachale after listening to Kasambara’s explanation

The matter has been adjourned to March, 21st to 23rd March where the State is expected to continue with cross-examination with Pika. 

Also before adjourning, Court granted Raphael Kasambara to travel to South Africa for medication. Justice Micheal Mtambo allowed that lawyer Kasambara should travel on February 23 and return by February 29, 2016.