Mphwiyo Shooting Case: State Has No Evidence Says Defense

Case To Answer Or Not Set This Wednesday 

The Lilongwe High Court has reserved a ruling to Wednesday this week on whether the accused persons in the attempted murder and conspiracy to commit murder of Malawi's former Budget Director, Paul Mphwiyo are guilty or not guilty.

Justice Michael Mtambo is expected this Wednesday to make his determination of whether to continue or discontinue with the having finished listened to oral submissions by both parties on Monday.

Meanwhile the judge is also expected to rule whether Oswald Lutepo should be acquitted in the case following acknowledgement by state that Lutepo was a mistaken identity by the witness who implicated him.

State and Defense were since Monday morning till afternoon making oral submission following written submissions made on 21st of April 2015 and that Justice Mtambo was expected to make a ruling following day on Tuesday however, this has not been possible because submissions ended very late in the day.

The defense, in its submission argued that the state has failed to provide substantive evidence to demonstrate beyond reasonable doubt that the accused had conspired and attempted to kill Paul Mphwiyo who happened to be their friend.

Defense lawyers, John Gift Mwakhwawa, Wapona Kita and self represented lawyer Raphael Kasambara have submitted that the case is a script written by Paul Mphwiyo as it has demonstrated that the lead investigator in this case Kankhwala Chilinda had failed to provide evidence that he had investigations following testimony of Paul Mphwiyo and other witnesses.

The defense further accused Chilinda for lying to court in many occasions and that the state throughout the case has been inconsistent including its witnesses.

The defense also attacked Airtel call logs indicating suspects communication web even the night when Paul Mphwiyo was shot, saying the investigator or the state had not at any point indicated or brought any witness to prove that the phone numbers found in the call logs belongs to any of the suspects.

The defense also pointed out lack of bringing material evidence especially a note which is said to have been written down by Paul Mphwiyo to his aunt bearing names of those that shot him. 

But in its submission, the state has maintained that it has never been inconsistent but some inconsistencies came in due to accused persons interference with state witnesses and threats.

The state further submitted that it brought enough evidence that reveals how the suspects were communicating prior and during the time Paul Mphwiyo was shot. Adding that Paul Mphwiyo who survived the attack on 13th September 2013, was a living testimony to tell who shot him.

The suspects in the case of attempted murder and conspiracy to commit murder of Paul Mphwiyo are; Dauka and his brother Pika Manondo, McDonald Kumwembe, Robert Kadzuwa, Raphael Kasambara and Oswald Lutepo

Mphwiyo Shooting Case; Defense Critic Airtel Call Logs

The defense team in the ongoing attempted murder and conspiracy to commit murder of Malawi's former Budget Director Paul Mphwiyo have on Friday tried to explore loopholes  in the call logs brought by the three telecommunication savvy from Airtel Malawi. 

Starting on Thursday, three Airtel experts were analysing call logs made by suspects prior and after the shooting of Paul Mphwiyo in September 13, 2013 as he was trying to enter the gate of his house in Area 43.

Though, accused and self represented lawyer Raphael Kasambara had no question to ask Airtel experts, other three lawyers tried hard find out the validity of these call logs.

Oswald Lutepo's lawyer, Oswald Mtupila asked of possibility of editing the the call logs in the system. One of the expert said it is impossible to edit call records in the system but editing can be done once one gets the information from the system and tries to edit the document outside the system, but maintained that the system information remains intact.

John Gift Mwakhwawa representing McDonald Kumwembe asked in relation to the information which Kumwembe claimed of being outside the country at the time when the shooting took place. Kumwembe said he was in Mozambique and used Dedza boarder when going out and coming in of the country.

Mkwakhwawa asked if the  mobile telecommunication provider, Airtel could trace Kumwembe if in Mozambique had used a number which is not of Airtel network  and received a "no" reply. He then asked if it was possible for the mobile operator could trace network location of Kumwembe in Mozambique if her wife had called him using husband mobile phone number while at Dedza waiting to welcome him. But the Airtel experts said it was impossible to locate Kumbwembe.

Mwakhwawa questions came following the revelations that Kumwembe according to call logs, was in Malawi even the night Paul Mphwiyo was shot. Last month an immigration officer from Dedza boarder, Griffin Tembo also brought in the court a testimony that Kumwembe passport documents were not clear if he ever crossed the boarder as some very important details were missing in his travel documents.

However, Wapona Kita representing Pika and his brother Dauka Manondo and Robert Kadzuwa asked had asked several questions including possibility if the network towers can overlap. And the experts acknowledged that such, happens some times.

Later an affidavit from the Ballistic expert, Senior Superintendent S. B. Msambira was tendered in court. He brought three 9 millimetre empty cartridges found on the Mphwiyo shooting scene and there was a pistol in the plastic bag.