Mphwiyo Schooting Case: Kasambara, Manondo, Kumwembe Found Guilty

Pika and Kumwembe being walked by police to
anti-riot vehicle 

Raphael Kasambara

The Lilongwe High Court has found guilty the Malawi’s former Minister of Justice, Raphael Kasambara together with co-accused Pika Manondo and McDonald Kumwembe on conspiracy and attempted murder of former Budget Director Paul Mphwiyo.

Judge Justice Michael Mtambo convicted the three this morning where third accused Kasambara is now guilty on conspiracy while second accused Pika and first accused Kumwembe are both guilty of conspiracy and attempted murder on the shooting which occurred at Area 43 in Lilongwe, just outside Mr. Mphiyo’s residence on September 13, 2013.

Mr. Paul Mphwiyo then Budget Director for Malawi Government survived three gun shots on his chin and he recognized first accused Kumwembe as the one who shot him.

The Judge ruled that call logs which both accused and state used in the case, it is evident that the constant phone call communication between the three in separate occasions both prior and after shooting were too suspicious.

Mtambo informed court that his position on call logs were based on “basis of evidence" before us"

Among others Judge dismissed alibi of first accused McDonald Kumwembe that he was in Mozambique when the shooting happened the night of September 13th 2013. Judge said Kumwembe alibi was different with witnesses who testified about his travel including authenticity of travel his documents. Judge therefore said prior to and after the shooting,  call logs indicates Kumwembe was still in Malawi and was constantly communicating with second accused Pika. He cited incident where both Pika and Kumwembe spoke to each other in Lilongwe early morning after shooting and network towers indicates that they both moved together from Lilongwe to Dedza where they separated.

 

“I dismiss the second accused alibi as not truthful in nature.” Added Justice Mtambo

Mtambo also noted that the second accused Pika evidence was also full of lies which the judge described as sign of guilty. He cited some discrepancies of evidence which Pika made against the testimony that was made by his alibi witnesses including his brother.

He further ruled out possibilities of Pika being far from Mphwiyo’s House the night of shooting as network towers of Airtel show that he was captured by network tower cell G1 which covers Area 43 where Paul Mpwiyo resides. Referring to evidence from Airtel Experts on how mobile networks work, the Judge said during the shooting night which was an off-peak hour, Pika could have been picked by any network tower within area 10 if what he told court was indeed true that at the material time him was at Area 10 Pacific Mall.

“State has proved their case on attempted murder on the first accused and the second accused” ruled Justice Mtambo

Touching on the conspiracy between the three accused persons, Mtambo said morning of 13 September, 2013 there were constant calls between Pika and Kasambara immediately after Kasambara had a short phone call with Paul Mphwiyo where Kasambara asked Mphwiyo of where he was. Mtambo said this is a clear sign that Pika and Kasambara were discussing an issue concerning Mphwiyo.

He went on to say that this constant communication between Pika and Kasambara continued that day night just before and after hours Mr. Mphwiyo was shot and that Pika's call log showed him being into Area 43.

The judge added that the communication continued as early as 3 am on 14th September 2013 between Pika and Kumwembe until they were both in Dedza and that later in the day Pika and Kasambara exchanged up to 14 text messages and this wss time when Kasambara was in mediation meeting on Lake Malawi dispute with Tanzania which took place in Salima.

 

Now, bails for both convicts have been revoked and will start to spend time in jail while continuing with their case.

Kasambara refused to take handcuffs saying he cannot runaway if let walk freely without handcuffs.

Asked outside the court, Kasambara says "this is a staged justice" and "God shall be in control" and that he will appeal.

The shooting of September 13, 2013 led to the revealation of Cashgate which is a public finance looting at Capital Hill by government officers and private companies where billionsrx of money were stolen using dubious contracts.