Mphwiyo Shooting Case: Court Orders Police To Return Phone, Driving License Back To Kumwembe

Kumwembe to get his phone and driving license 

High Court in Lilongwe has ordered Malawi Police Service to return the seized driving license and a Nokia mobile phone back to owner, Mr. McDonald Kumwembe after court heard that Police are failing to return the items to him since 2013 arrest. 

Today, Kumwembe, the first accused person with case to answer on conspiracy and attempted murder of former budget director Paul Mphwiyo, informed court that the Malawi Police Service had seized his Nokia mobile phone and driving license in November, 2013 when he was being arrested. 

However, the state had closed its case without tendering those items as exhibits and now the case is torwards the end of defense stage.

Kumwembe asked for his property to be given back to him saying he has been trying in vain to ask Police to give him back the items. 

“Whenever I go to get my license and phone, they just continue telling me to come back next time” said Kumwembe

Kachale: her office never saw the items 

The Director of Public Prosecution (DPP), Mary Kachale said her office never received such items from Police and if indeed they were taken by police, then police would better be in a position to return the items and bear trouble of producing them if they fail to give back to Kumwembe.

“We did not receive them as Directorate of Public Prosecutions so, if they were there, they are still with the police.” Said Kachale

Delivering his ruling, Justice Michael Mtambo ordered Malawi Police Service to return the items “within 10 days” and the order is effective beginning today April 19, 2016.

Mtambo ruling also indicated that failure to return the items within the specified period, Police will have to inform court reasons that would stop Court from compelling them to bear the trouble of producing the items.

Meanwhile, the case has been adjourned to next week Tuesday, April 26, 2016 following Pika Manondo’s request for early adjournment since his third and last witness-experts from Airtel failed to come.

The two day business was for the defense witnesses to testify for Pika Manondo.

Manondo called Kondwani Ndovie on Monday and spoke about the deal they had involving supply of various campaign materials for the Malawi Congress Party Convention particularly resources for the election of John Tembo as the party candidate for the last Tripartite elections.

Court continued on Tuesday morning hearing witness of Austin Chinseu. Chinseu who maintained that he met Pika at 11:10 pm at Chez-Mtemba club at Bwandilo in Area 47 as he was getting out of the club.

The witness of Chinseu was trying to invalidate the State claim that Pika must have been at the scene of Paul Mphwiyo shooting around that hour and 12 midnight in Area 43.

No, Pika has told court that he is remaining with one witness, that is from Airtel.

As defense remains with one witness, Director of Public Prosecution, Mary Kachale has since said now the case is coming closer to conclusion.

“Ordinarily, after next week there is always close of all cases. So this case is coming to an end” said Kachale