Mphwiyo Cashgate Case: Mtambo Plead Guilty As Mphwiyo Take No Guilty Plea

Paul Mphwiyo exit courtroom with wife

Lilongwe High Court found guilty and convicted Stanley Mtambo, on cashgate money laundering charge totalling K78 million in 2013 after taking a guilty plea yesterday.

Mphwiyo Shooting Case: Kasambara Gets 13 Yrs, 26 For Manondo, Kumwembe

Kasambara gets 13 years for conspiracy 

Manondo and Kumwembe gets 26 years 

Former Justice Minister, lawyer, Raphael Kasambara has been sentenced to 13 years imprisonment for conspiracy while Pika Mandondo and McDonald Kumwembe have been sentenced to 26 years imprisonment for conspiracy and attempted murder of former budget director Paul Mphwiyo.

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.

Cashgate Case: Savala Gets 7 Year Jail Term

A 34 year old cashgate convict, Caroline Savala has been sentenced to seven years imprisonment for her involvement in systematic looting of Government money (Cashgate) amounting to K84 thousand in 2013.

When passing the sentence, Lilongwe High Court judge, Fiona Mwale described Savala as "trickster" 

Savala was found guilty and convicted of theft and money laundering after full trial. 

Cashgate Case: Lawyer Refuse Comment On Katengeza 5yr Sentence As State Express Excitement

Katengeza

Lawyer for Angela Katengeza, Gilbert Khonyongwa, says he needs more time to go through the ruling made on Tuesday before making his comment to press.

Katengeza who was answering to Money laundering of K105 million in 2013 was sentenced to 5 years imprisonment by Lilongwe High Court justice Fiona Mwale.

Asked to comment on the verdict, Khonyongwa said he need ample time to look at the judgment and after he will make his position.

Khonyongwa

“As of now I could not comment much until I go through it at my own time and then determine my position on that.” He said adding that his client will decide on whether to appeal the ruling or not but that will be after they go through the ruling

Several mitigation factors that defense submitted to court were refused. Reacting to this Khonyongwa conceded that the court has authority to consider or to disregard the mitigation factors.

“In terms of the law the court has the final discretion how it handles the sentence. So, from its analysis it has decided to ignore some of the mitigation factors. So that is the position of the court” he conceded

Saidi

Meanwhile, the state has welcomed the court verdict of 5 year prison sentence to Angela Katengeza 

Imran Saidi a state advocate described the verdict by Justice Fiona Mwale as an indication that justice is still taking its course in the country.

“Beyond what the Court has found we wouldn’t have any comment but I think that is a reflection of justice that it is still taking its course in our land.” He said

Judge indicated that Katengeza was supposed to serve a total of six years inprisonment but because of old age and health problems of the convict, one year has been deducted to make the sentence be at 5 years. 

Commenting on this reduction Saidi said “As I said, it is the Court discretion that when it is sentencing there are a lot of circumstances and matters that it puts into considerate on. It is our view and belief that at least what the court found by deduction one year, it is still in order.”

On the ongoing and future cashgate cases he said “This is a positive development. As a state we have always relied upon court duty and the way courts conduct its activities. It is a reflection to the effect that at least the justice is still prevailing and we believe that will still send a signal to the rest of the other offenders probably it is high time that they can make decision of coming forward to plead guilty and probably surrender whatever they acquired from our state coffers.”

Cashgate Case: Katengeza Gets 5 Year Jail Sentence, Tells Judge 'Just Kill Me'

Relatives shielding her from Journalists 

Angela Katengeza les but all that ended when Justice Fiona Mwale punished her with 5 year jail sentence.

In protest of the judges’ custodial sentence immediately after hearing the judgment, Katengeza reacted by shouting "Just kill me, just kill me” and continued “God of Joseph, God of Isaac, what have I done!" and began to cry uncontrollably.

Arrival at the court where she was allowing
Journalists to take her pictures 

On 14th March 2016, Katengeza was convicted and found guilty of Money Laundering contrary to Section 35 (1)(c) of Money Laundering, Proceeds of Serious Crime and Terrorism Financing Act. She was originally charged alongside with her son Gordon Hamdani who was acquitted after the state discontinued case against him and Leonard Kalonga who was discharged after he separately pleaded guilty to various offensesrom the case, after state had paraded four witnesses.

Katengeza was answering to money laundering of K105 million a crime that was committed in 2013 when she had lend out her Faith Construction company certificate to another cashgate convict Leonard Kalonga former Deputy Director for then, Ministry of Tourism.

According to Katengeza, that time Kalonga wanted to use her company certificate with bank accounts to bid construction tenders that were available at the Ministry but could not use his own certificates because of employment policies.   

After giving the certificate to Kalonga, her bank account began to receive payments from Government which accumulated to a total of K105 million and Katengeza admitted that she in separate occasions began to withdraw the money and hand delivered to Kalonga. 

In all these dealings, however, Katengeza disclosed that she only received K3 million covering renewal fee of her company certificate and costs of transport and airtime during the process of withdrawing and handing over the money to Kalonga. 

She was promised 10 percent commission at the end of the deal but that did not happen because the cashgate scandal investigations began much earlier before the deal was over.

Katengenza has throughout the trial maintained no guilty plea citing that Kalonga used her to defraud Government and that she was not part of the Government officers who masterminded the cashgate.

Family members crying outside court

 

Money Laundering attracts maximum sentence of 10 years imprisonment and fine of K2 million.

Announcing the verdict, Justice Fiona Mwale indicated that six years of imprisonment matches actual level of her benefit and margin of her mitigating factor in the commission of the offense.

But said; “I do however recognize her age and her heart condition and I deduct one year from that sentence.” then continued “The convict is therefore to serve 5 years imprisonment in the offense of money laundering” 

Immediately, Katengeza shouted; “Just kill me, I don’t have to bear such hard life again”, as she continued to shout the judge also continued to deliver the judgment of which is allowing the convict the right to lodge an appeal.

Family members also joined in with cries followed by loud murmuring in the public gallery side showing their disapproval of such a lengthy sentence. The murmuring were so loud in the courtroom making the end part of the judgment that the Justice Mwale was still presenting to be inaudible.

Earlier, the judge said suspended sentence was not suitable in this particular case considering various reasons she highlighted in her verdict that includes the negative economic impact cashgate brought to the country.

Justice Mwale in her verdict refused to take into consideration some of mitigating factors that were presented by defense during sentencing submissions. Among the factors include; cooperation, good character, length of the trial which has taken three years, on remorse since she refused to admit her responsibility of theft by maintaining no guilty plea, failure to make restitution and on the K3 million amount that she benefited out of K105 million.

But on K3 million benefits, the judge argued that although Katengeza got K3 million from K105 million she benefited from the proceeds and that she never made restitution. Justice Mwale futher mentioned that still the convicts actions of lending out her company certificate to Leonard Kalonga helped to facilitate the laundering of Government money that “could have been utilized at material time towards realization of the national budget.”

“What is relevant at this time is that she facilitated the theft of K105 million… I find that as a serious crime.” insisted the Judge adding “K3 million is still substantial amount of money” 

“The sum laundered is however, one that is quite high, as I alluded earlier and I keep reiterating that K105 million nine hundred and eighty three thousand is quite high.” She said and further counter argued defense position by saying “In money laundering charges, it is the sum that has been laundered” matters most

The judge also noted with concern failure by state to highlight impact of cashgate during their sentencing submissions.

Outside the court, Katengeza was crying and continued to shout "I don't deserve this life anymore!" 

Katengeza arrival 

Now 55 year old Katengeza was a theological college student and Area 47 block leader when the theft was happening and was consecrated as Eleventh Hour church pastor in 2014 upon completion of her first degree in theology. 

Defense submitted that Katengeza who is a first offender and a person of good character was a very active person in church ministry and her arrest came when she was about to open a church branch in Mtsiriza.

Her Faith Construction operated for a period of 5 years and it was common among construction companies to borrow from each others company certificate.

Cashgate Case: Katengeza For Suspended Sentence As Judgement Coming Week's Time

Katengeza has heart problem 

Convict in the infamous Cash-gate scandal, Angela Katengeza has prayed for a suspended sentence citing her health problems.

Through lawyer, Gilbert Khonyongwa, told Judge Fiona Mwale on Thursday that Katengeza has heart problem and Hypertension, therefore custodial sentence will lead to deterioration of her health given poor condition in Malawi prisons.

Katengeza is answering theft and money laundering amounting to K105 million after the Baker Tilly forensic audit report revealed her Faith Construction Company was one of the companies that were dubiously paid by Government in 2013 without rendering any service.

The case resumed on Thursday at Lilongwe High Court for oral submissions on sentencing where the State objected the defense application by requesting court to apply custodial sentence because medical arrangements will be made while she is in prison. It also acknowledged to have taken note of the medical report on heart problem and not hypertension.

“We do not believe that that should compel the court to give her non-custodial sentence” observed state prosecutor, Reyneck Matemba while acknowledging that her health condition may have advantage to her when it comes to sentencing

The state application underlined that the court must “be cautious” on setting precedence to would be offenders who may in future use health condition as a tool to escape punishments like custodial sentence.

Matemba added that money laundering is a very serious offence and Katengeza should face custodial sentence just like other convicts who committed same cashgate offence and are now serving custodial sentences.

Katengeza who told court last year that she is a pastor maintains her no guilty plea saying she unknowingly got herself into the scam after Leonard Kalonga former Deputy Director at then Ministry of Tourism borrowed her company certificate. According to her, she innocently lent out her company certificate to  Mr. Kalonga who wanted to use her company name in getting 'construction projects that were available at his office' but due to working conditions he could not have used his own company certificate. Katengeza said was promised to receive a percentage for lending out her certificate and she did not know that he could use it to defraud Government.

Court found her guilty and was convicted for theft and money laundering.

During submissions on Thursday, State, conceded defense application for leniency on the fact that Katengeza got only K3 million from the K105 million deal since the arrangement was to pay her for lending out her company certificate.

As well state acknowledged and conceded defense submission on cooperation shown by Katengeza throughout the case. On this, State said the convict played a very significant role of giving new information to State which lead to self guilty plea of Leonard Kalonga, of which Kalonga was identified as a person who recruited 17 companies that were involved in the scam.

Matemba said “if it were not for Angela Katengeza decision to testify” by giving information on how she got herself into the scam “Mr. Leonard Kalonga would have not changed” from no guilty to plea of guilty.

“Her decision to tell her story totally changed trial of Leonard Kalonga” said Matemba adding that this may work to her advantage on sentencing 

But, the state disagreed with the defense that her cooperation was a sign of remorse. State indicated that it believes that Katengeza has never shown sign of remorse by maintaining plea of not guilty and distancing herself to the criminal activity which she participated knowingly. 

The state also asked court not to consider Katengeza as a responsible person for her family, a person with good character, and that has lost her business following the case.

“She doesn’t have good character as both pastor and block leader” ruled out Matemba adding a responsible person would have realised that it was a criminal activity and she was supposed not to take part

Matemba also said her conduct does not show that she is "honesty” person that her honesty ended the moment she accepted to participate in a crime of defrauding Government.

Further, responding to defense complaint about the lengthy period of the trial, Matemba said “none of us have control over that and it is a natural consequence of indulging in criminal activity.”

In their submission, the defense have among other things said Katengeza is a first time offender who had no intention to participate in the scam as she had no plans at all  to steal from Government and that she was exploited and used by being dragged in the criminal activity.

"She did not know for example that lending company certificate to fellow contractor was unlawful." Added counsel Khonyongwa in the submission.

Court has adjourned and will set new date in two weeks time for judgment

Mphwiyo Shooting: Kasambara Found With Contempt For Threaten To Slap DPP

The High Court in Lilongwe has found with contempt of Court and subsequently censure the third accused Raphael Kasambara for threatening the Director of Public Prosecution (DPP) Mary Kachale that, he would have slapped her if sentiments she made inside the Court were made outside courtroom.

Kasambara: I would slap you

Kasambara answering attempted murder of Paul Mphwiyo was heard in court shouting "I would slap you for that" when the DPP raised an objection as he was cross-examining second accused Pika Manondo about the issue of distance and time it takes one to drive to Mr. Paul Mpwiyo's House.

In her objection, Kachale asked Kasambara to question Pika about distance and time takes one driving from Ufulu gardens to Paul Mpwhiyo residence and not from Kanengo because according to Kachale, Pika had used the route before, when going to Mphwiyo’s house.

This did not sound well with Kasambara who reacted by stating that the DPP was "insinuating" that Pika was present at the shooting and that with her assertions, she has brought no evidence to prove that Pika was present at the scene. He then angrily shouted that he could have slapped her for such remarks because were provocative.

"I find the third accused in contempt of court and I censure, not to repeat this kind of behavior from now onwards" ruled Justice Michael Mtambo immediately both sides had finished making impromptu oral submissions

Before the final ruling was made, Judge observed that this was second time Kasambara has made such remarks of this nature to DPP.

“The other time in Chambers I had asked Mr. Chibwana to sit between you and DPP. And this conduct in the face of court is disrespectful of the presence and the authority of the court. I therefore cite you of Contempt of Court.”

Kachale: I am speechless 

Immediately Kasambara uttered his aggressive words Kachale looked very shocked and she reacted by saying "I am speechless"

She told court that she felt the threat was “beyond bar” and was “stretching beyond the limit of decency." She then asked Judge to call for a break but got reply from Justice Mtambo that he could not allow a break if it is Contempt of court.

But Kasambara told court that he was simply saying if it happened outside the court that she made such remarks he would slap her but he cannot do that in court, then added “I meant you are lucky that you are in court”

Kachale reacted further to say “This is a form of violence and intimidation.” She said Kasambara was trying to intimidate her in the presence of the court and described his conduct as “blatant contempt.”

"This is a gender issue. I feel he would not have done that to male officer of court because they could have met and deal with each other outside” said Kachali who further mentioned that such remarks were also meant to demean her office because it is being headed by a female person.

Chibwana

State Counsel, Mr. Enoch Chibwana, when asked by court to speak on the matter, he said this incident was not first time for Kasambara as he had done it before in the chamber but the repetition of the same seem the accused has failed to learn lesson.

“The third accused is not an ordinary man in court. He is a senior counsel who must show exemplary behavour not only in this court… And allowing this type of behavior to be done at the court of this magnitude it leaves a lot of questions unanswered” he said adding that this was a right platform to provide a appropriate action

However, Kasambara apologized for his conduct and promised never again to allow such a thing to happen even if he is provoked.

“Am sincerely sorry, My Lord, these words did not mean to undermine the authority of the court… it was a vulgar statement made in the heat of the moment… I will try as much as possible even if provoked again”

Mphwiyo Shooting: Accused, Victim Still Friends As Pika Disclose Still In Contact

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"

ACB Hiding K4 Billion Cashgate Document In Kalonga Case From DPP Office

Mary Kachale; DPP

The office of Director of Public Prosecution (DPP) has asked court to compel sister institution, the Anti Corruption Bureau (ACB) to release document belonging to former Chief of Tourism Leonard Kalonga, that details the distribution of K4 billion among Cashgate beneficiaries.

Kalonga was convicted following his guilty plea on conspiracy to defraud government using forged documents and paid the money to bogus suppliers. Charges includes money laundering of K520 million where he facilitated, a baited and aided acquisition of 6 Marcopolo Scania buses of Paul Mphwiyo and Money laundering which were proceeds of serious crime between April and September 2013 with other persons to a tune of K3, 252, 225 billion.

On Monday, DPP, Mary Kachale informed court that ACB investigators are keeping the document which details distribution of K4 billion among cashgate beneficiaries which Kalonga had provided during 22nd October 2013 interrogation.

Kachale said attempts by her office to get the document from ACB yielded nothing for almost a year now.

Speaking in an interview, Kachale said since her office does not have powers to compel ACB to produce any document to her office, the court would be an appropriate institution at this time to force ACB release that document to her office.

She said her office is very keen to see the document and therefore could not wait and be silent any longer when several attempts to ask ACB to produce the document internally yielded nothing.

“If a document was found with Leonard Kalonga that had distribution of K4 billion, we are interested to know what did that document say, and to whom…”

She emphasized that her decision to ask the court to intervene was not to turn on her sister institution, but “this is justice” and they “just need the truth” 

While emphasizing that she waited long enough and could not remain silent as Director of Public Prosecution, Kachale also did admit that the defense has been asking the State why it never disclosed that document to court.

“When Kalonga was pleading guilty his lawyers did ask why the state never disclosed the document that was found in the office and the House of their client. We committed we are going to investigate and find out but those investigations have yielded nothing, that’s why I brought it up in court to say the court should assist” she said 

Kachale has also put to question the the failure of the ACB Investigators to disclose such an important document to DPP office. She further raised her perplex questions on whether if or not there is need for powers of her office on ACB investigations.

   

“You have noticed that we work very well with the prosecutors in ACB. There is power that the Director of Public Prosecution has a say in what prosecutors in the ACB do under the consent, but Investigators in the ACB are not answerable in any way to the Director of Public Prosecution. So, may be this calls into question that I always ask; who watches the watchmen, who polices the investigators?

Should the office of the Director of Public Prosecution, may be have some powers also in terms of evidence? ….It’s a difficult question I am raising now I know am raising it deliberately because it has taken us one year and there about to try to get that document but we are not getting it.”

CashGate Case: State, Defense Differs On Kalonga Sentencing Submissions Facts: Court Reserves Ruling To Wednesday

The High Court in Lilongwe has reserved its ruling to Wednesday on differences on the facts relating to sentence submissions between the State and Defense in the cashgate case of former Chief of Tourism, Leonard Kalonga.

Kalonga was convicted following his own guilty plea for defrauding government money more than K3 billion between April and September 2013.

In their submission, the defense claims that the convict had wanted to plead guilty at an earlier stage but the state (both DPP office and Anti Corruption Bureau ACB) had prevented him from doing so. But state is fighting back saying the claim is not true.

If the accused person at a very early stage pleads guilty, indicates other more offenses that were committed than were charged and cooperates with investigations, can have a lesser sentence unlike when someone plead guilty after the state has done all the work to prove someone guilty.

Now, the court has adjourned the case to Wednesday to deliver its determination whether or not the dispute is substantive enough to hear the witnesses. This followed State application of Newton Hearing for it to respond to the claims by defense as well as enable the court to have a clear factual basis for sentence.

Kachale

According to Director of Public Prosecution (DPP) Mary Kachale said at this stage, if the Judge decides to hear the facts in dispute which are essential for sentencing after Kalonga plea of guilty, means there would be ‘Newton Hearing’ whereby court will hear witnesses on facts that parties are disagreeing on.

Defense lawyer Emmanuel Theu told court that the Newton hearing application was unnecessary.

But Kachale said the state is prepared to have witnesses from ACB and DPP office to prove that the defense claims are not true. 

“If indeed it would transpire that it is true then let the court be the one to determine that, but we cannot allow such an allegation to just go without making attempts to dispute them.” Said Kachale

“We have been hearing too many allegations of perverting the course of justice. Now what we are saying and what I am saying as Director of Public Prosecution is that the submissions made by the defense seems to imply as if the office of the Director of Public Prosecution or the ACB were perverting the course of justice in preventing Leonard Kalonga from pleading guilty at an early stage. That’s too serious allegation to leave without disputing. 

If indeed Mr. Kalonga has the good course to do that then let Malawians know the truth through the court.”

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.

Mphwiyo Shooting Case: Pika, Kasambara Conversations Were On ‘Katapila’ Business

Kasambara and Pika exchanged çslls and texts on
Loan Shark 

The second accused Pika Manondo answering conspiracy and attempted murder of former budget director Paul Mphwiyo has told Lilongwe High Court on Thursday that constant communication he was in with former Justice Minister, Raphael Kasambara on the day Paul Mpwhiyo was shot, was doubtless an issue to do with ‘Katapila’ (money lending) business he had with Kasambara’s brother.

Pika, now in his defense was being cross-examined by the State on call logs which were last year analyzed by experts from Airtel mobile company. The prosecution was trying to let Pika clarify what his constant communication with the third accused, Raphael Kasambara answering conspiracy in the ongoing case was all about.

At first Pika told court that he was not able to recall his memory on exact issues discussed between him and Kasambara through number of calls and texts they constantly exchanged the day their friend, Paul Mphwiyo was shot.

However, it was when the Director of Public Prosecution (DPP) Mary Kachale was so inquisitive on some of the evening calls and text that led Pika recollected that probably the main discussions were around a business between him and Sylvester Kasambara, brother to third accused.

Without disclosing what that business was, he said, the third accused, Kasambara was key in the discussions of that business because Sylvester used to consult his brother Raphael on several issues of that business and therefore Kasambara was directly speaking to him (Pika).

After seeking permission from Judge if it was necessary to disclose the type of the business he was doing following keen curiosity by state, Pika simply but a bit shyly explained that it was that kind of business where one lends money out to someone desperately in need that assistance and in return one gets an interest. 

His explanation led court concluded that it was a Loan Shark an illegal money lending business locally known as ‘Katapila’ but, Pika said his business was a bit different from Katapila because he was charging lesser interest and attaching better conditions but could not remember amount of money he was lent out to Kasambara’s brother.

Pika told court that it was unregistered business and it never had a bank account a development which led Prosecution to ask him if he was aware that doing such business and especially without registering was against the law.

However, Kasambara stood to oppose strongly the DPP assetion that it was against the law to do business without getting registered. He said there are a lot of similar unregistered businesses being done in the country but are not regarded as illegal.

Kasambara gave an example of ‘Bank Mkhonde’ (community loans and savings) as one of the best example where people are trading business of lending money without being registered.

McDonald Kumwembe, first accused who is a suspected shooter in the case, also stood to protest against DPP’s inquisitive on Katapila issue instead of going straight to the matter relating to shooting.

“Ine ndimafuna kuuza bwalolino kuti ndikudabwa kuti kodi mchifukwa chiyani madame DPP akungolimbikira nkhani ya Katapila. Katapila akugwirizana chani ndi mulanduwu. Nkhani yakatapilayi ikungochedwetsa mlanduwu ikuti taitsa nthawi.”

The cross examination by state, continues this Friday 

Cashgate Case: Kalonga Ready For Restitution As Case Adjourns For Sentencing Submissions

Cashgate convict, Leonard Kalonga who is former Chief of Tourism, has told court that he is set to make restitution of millions of money he stole from Government as his case adjourns to 29th February for sentencing submissions.

The Lilongwe High Court convicted Leonard Kalonga and and is in prison pending his sentence for defrauding government money amounting to K3 billion between April and September 2013. He pleaded guilty to three counts and got convicted before Justice Fiona Mwale. 

The case has been adjourned to 29th February for sentencing submissions then, court is expected to set another date for sentencing.

The court has adjourned because the defense wants some ample time to make restitution of some of the assets that were stolen and another reason was an in-house between Kalonga and his lawyer.

Reyneck Matemba

The Anti-Corruption Bureau Deputy Director General Reyneck Matemba leading prosecution of the case  said the State did not object this adjournment request from defense because their main and ultimate priority is "to recover as much as possible and as much as we can"

"So giving somebody an opportunity to pay back we thought that was reasonable. But after 29th February we will not entertain any adjournment. We will proceed with or without restitution because we have our own ways of recovering assets" said Matemba

However, it is not known even to the State of how much money Karonga is set to give back to Government. But Matemba says the restitution by Karonga is most welcome.

"This is a very good development and we well come it" he said 

Former Chief of Tourism, Leonard Kalonga was found guilty and convicted of conspiracy to defraud government using forged documents and paid the money to bogus suppliers. 

Other charges includes money laundering of K520 million where he facilitated, a baited and aided acquisition of 6 Marcopolo Scania buses of Paul Mphwiyo and Money laundering which were proceeds of serious crime between April and September 2013 with other persons to a tune of K3, 252, 225 billion. 

Kalonga pleaded guilty to all charges and made revelation of genesis of Cashgate and named some of the key figures in government who became defrauders

He disclosed that himself recruited 17 companies to steal from government and in his voluntary confession statement, Kalonga also implicated former president Dr. Joyce Banda as person who instigated the scam for she wanted to use the money for 2014 General Election Campaign.

Mphwiyo Shooting Case: Mpinganjira Not Ready To Testify As His Summon Delayed

Brown Mpinganjira

On Thursday, Brown James Mpinganjira, failed to give testimony in the ongoing attempted murder case of former budget director Paul Mphwiyo because summons which were sent by the registrars’ office never reached his hands.

Mpinganira, former People’s Party (PP) Vice President for the Southern Region was expected to stand in court before Justice Michael Mtambo to inform the court what he knows about the attempted murder of former budget director Paul Mphwiyo in September 2013.

Judge presiding the ongoing case, Justice Michael Mtambo directed court that following evidence, it was necessary to call Mpinganjira whose name has been mentioned through ought. Victim, Paul Mphwiyo was first to name him when he told court that prior to his shooting former minister of information, Mpinganjira alerted him that people who are threatening him to make dubious payments had given him ultimatum of 10 days to live if he continues not to comply.

On Thursday morning, the former Mulanje Central Legislature, Mpinganjira, actually presented himself to court and held closed door meeting with both parties where he informed them that he never came to testify because court summons never reached him therefore he needed more time to spend with his lawyer since he was not ready to testify.

Chibwana

“What happened was that there was some kind of communication breakdown.” Explains Enock Chibwana, state advocate, “The one who was sent to Blantyre to give him the summon was "told that Mr. Mpinganjira lives in Mulanje and he did not travel to Mulanje to hand him the summon. Unfortunately, this information was never relayed to the court”

However, Chibwana said “Had he relayed the information that there was need to travel to Mulanje we would have done so. But since there is proof that he wasn’t served with the summons it is in the interest of justice that he should prepare himself before he takes stand”

 

Director of Public Prosecution, Mary Kachale informed court after the closed meeting with Mpinganjira that he will testify in the next sitting of court scheduled for  27, 28 and 29 January, 2016.

Later, in the day, Chief Secretary to the Government, George Mkondiwa who testified around ministerial engagements which Kasambara had starting on 13th September 2013 the day Paul Mphwiyo was shot and on 14th of September.

Mkondiwa replied to Kasambara during cross examination that "it would be surprising" to hear someone stating that on 13th September Kasambara was with Mphwiyo around 3pm following tesimony last year by his former nanny who claimed that on 13th September Kasambara was with Paul Mphwiyo who was later shot that night.

Later, the court heard testimony from Mercy Mwadiwa from Reserve Bank whose testimony concur with that made on yesterday by an economist Daniel Jenya that there was investigative meetings early September on suspicious rise in government expenditure immediately Paul Mphwiyo was appointed as budget director.

Paul Mphwiyo was shot the night of 13th September, 2013 while serving as budget director.

This unearthed massive plunder of public resources which led to number of arrests of public officers and business gurus.

Former Minister of Justice, Raphael Kasambara, is answering Conspiracy while two others, McDonald Kumwembe and Pika Manondo are both answering the same charge together with attempted murder.

Mphwiyo Shooting Case: Kumwembe Picks Lutepo, Drops Mwadiwa As Witness

Kumwembe

Lutepo (middle) to testify 

Man considered ‘chief cashgate convict’ Oswald Lutepo has been added to the list of the first accused in the attempted murder trial of former budget director, Paul Mphwiyo and drop former secretary to treasury Radson Mwadiwa who was ready on Thursday to give testimony.

It was disclosed this Thursday morning when the Court resumed sitting after a short break that Radson Mwadiwa who was outside the court waiting to enter the court room to testify would not do so as the first accused, McDonald Kumwembe had changed his mind and instead decided to call Lutepo during the next sitting of court scheduled for 27th up to 29th January 2016.

Lutepo (left) with Joyce Banda

The court has since directed that Lutepo will be the first witness to testify during the next sitting days of the court. 

Director of Public Prosecution, Mary Kachale informed the court after both parties had a brief closed meeting that the defense has decided to drop Mwadiwa as witness and instead to call Oswald Lutepo.

In the day, Kumwembe paraded, Chief Secretary, George Mkondiwa and Mercy Kumbatira from Reserve Bank of Malawi.

Mkondiwa testimony dwelled much on third accused, former Justice Minister, Raphael Kasambara’s tasks on 13th September 2013, the day Paul Mphwiyo was shot and on 14th September 2013.

During cross-examination with Kumwembe, the Chief Secretary said on 13th September 2013, while working as Secretary in the Ministry of Foreign Affairs, he was at State House attending to the meeting on Lake Malawi mediation. He said on that day the country had received mediation leaders; former president of South Africa, Thabo Mbeki and former Mozambican President Joaquim Chissano. 

He indicated that the meeting which began at around 3pm and ended for an hour or so, was attended by former Minister of Foreign Affairs, Mganda Chiume and third accused, Raphael Kasambara who was then Justice Minister. He also said the following day, he went to Salima for a follow up meeting and same Ministers attended the meeting which ended at around 3pm because they took a late lunch.

During cross examination with third accused, Raphael Kasambara, Mr. Mkondiwa had replied "I will be surprised" when asked if someone would claim that on 13th September, 2013 Kasambara was home meeting with Paul Mphwiyo at around 4 or 5 pm. He further added that it would be surprising if someone claim that Kasambara’s son was on 14th September 2013 in Lilongwe at around 3pm since he saw that child in Salima with Kasambara.

Mkondiwa testimony further dispel testimony made by Kasambara’s former nanny who told court last year that on 13th September, 2013, Kasambara was home at around 4 or 5mp together with Paul Mphwiyo and that the following day, she went to Lilongwe Golf Club at noon hours with the child of Kasambara. 

After, Mkondiwa, came another witness, Mercy Kumbatira from Reserve bank of Malawi who gave testimony which is quite similar to what an economist from Ministry of Finance, David Jenya had presented on Wednesday.

The court has been adjourned to 27th January, 2016 where court is expected to meet for the next three days.

It is also expected that during the three day sitting, former cabinet Minister and politician, Brown James Mpinganjira will also appear to testify.

Meanwhile Judge, Justice Michael Mtambo has directed that the court will conclude the defense trial of McDonald Kumwembe and enter defense of second accused, Pika Manondo. 

He urged both parties to be “focused” and be “Straight to the point and not going around” issues.