Monday 22 August 2016

Mphwiyo Shooting Case: Sentencing Submissions Adjourned To Next Week As Convicts Give Excuses

Pika and Kumwembe









Lilongwe High Court fails to hear oral submissions on sentencing on the Paul Mphwiyo shooting case on Monday morning as first and second convicts accuse court officials for not informing them on dates for sentencing submissions and third convict lawyer survives a traumatic car accident on the way to court.


First convict, McDonald Kumwembe and second convict, Pika Manondo both answering conspiracy and attempted murder of Paul Mphwiyo, pleaded for adjournment saying were not ready for submissions because they never knew that the day was set for submissions and 

“I would like to ask for adjournment so that I can prepare documents for the submissions” pleaded Kumwembe when addressing the court at the very beginning of his first court appearance after their conviction 

Pika also expressed his unpreparedness in the day for sentencing submissions by insisting that like Kumwembe, he never received any information from court on dates for the submissions. 



He requested for two more working days to allow him prepare for the sentencing submissions and also informed court that he is preparing for bail application pending sentence.

Kasambara has a counsel 








But this seemed not to be a big problem for the third convict Raphael Kasambara who is only answering case on conspiracy as Counsel Lusungu Gondwe, who will now be representing the former Justice Minister, joined the two convicts in praying for adjournment for citing that he needed some rest because was involved in a traumatic car accident in the early hours of the morning while on his way to the court from Blantyre. He informed court that the accident has left one of his friends in critical condition and has been rushed to Kamuzu Central Hospital for medical help.

When responding to the ignorance of the dates for the sentencing sumbissions as expressed by the first and second convincts, Director of Public Prosecution, Mary Kachale expressed surprise saying her office was duly informed that all the convicts were alerted by court about dates for sentencing submissions. However, the state did not object for the adjournment plea from the convicts.

Justice Michael Mtambo, then adjourned the case to Tuesday next week.

“First and Second convict should file and serve documents to the other parties bhy Thursday this week.” He said and continued, “Matter adjourned to Tuesday next week at 9 O’clock in the morning”

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