The attempted murder victim of September, 13, 2013, Mr. Paul Mphwiyo may still in constant contact with his three friends accused of his shooting.
This follows information from the second accused Mr. Pika Manondo during his cross examination with State that Mr. Paul Mphwiyo himself tipped him that State has prepared against him (Paul Mphwiyo) charged with an offense to do with Thuso, a South African Company which supplied equipment to Malawi Defense Force (MDF).
He disclosed this as he was denying presence at the shooting scene when Director of Public Prosecution (DPP), Mary Kachale put to him that he must have been available at the shooting scene as testified by the victim.
When Manondo was replying to the question about his presence at the scene he asked the State why it continues to trust Paul Mphwiyo’s testimony about his presence at the shooting scene yet the same state does not trust the victim as they charged him with two counts which one of it includes lying to Malawi Revenue Authority and the fresh charge involving Thuso.
When the state asked him to inform the court where he heard the information about the new charge Manondo disclosed that it was from Paul Mphwiyo himself.
However, the state denied any new charges being prepared against Paul Mphwiyo and subsequently withdrew the statement regarding anything said do with the new charge a development which Pika said it was unfortunate for the state to say they don't know anything about this.
State has finished with Cross-examination of Pika and now his fellow two accused, McDonald Kumwembe and Ralphael Kasambara will cross-examining him.
After that it will be the witnesses for Pika Manondo. But the third accused will not testify and there is no indication that he will call witnesses.
If it goes normally, then state and defense will submit whether a case has been made out beyond the reasonable doubt.
Director of Public Prosecution Mary Kachale during cross-examination asked several questions around the call logs.
The state said the constant communications Pika had with fellow accused during the period of Mphwiyo shooting was questionable as this was not the case before the period in question but Pika denied the assertion and said there have been several instances where he was in constant communication with his friends way back and he even challenged the State to produce call logs for more than 9 months and try to analyze their communication.
He also denied his presence at Paul Mphwiyo residence during the shooting by replying “Why would a person hire a gun man and be at the scene?”
He informed court that after getting a phone call of Paul Mphwiyo shooting, he stopped drinking at Chez-Mtemba, and went home to sleep as he was at that time more than tipsy and around 6 am he travelled to Dedza.
But the state put on him that he travelled to Dedza together with McDonald Kumwembe to drop him there after their mission was accomplished.
The call logs indicates that Pika travelled to Dedza from Area 47 in Lilongwe. In Dedza the cell sites of both McDonald Kumwembe and Pika indicates they were both at Dedza market. But Pika was in few minutes traced going back to Lilongwe and showed that he traveled nearly 15 minutes from Chimbiya to Lilongwe and went to the Hospital so see his friend Paul Mphwiyo.
On his speeding, when state asked him if he is a person who speed he responded “depending on circumstances yes”
Pika at several question that were put on him including on his presence at the scene, or if he hired a gun man to shoot Paul Mphwiyo said “There is no evidence” and the state “will not produce any evidence that I was assigned for any job to shoot"
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