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: 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.

Mphwiyo Shooting Case: Court Ban Communication Btwn Accused and Chiumbuzo Family

Manondo

High Court justice Michael Mtambo has granted state an order restraining three accused persons answering attempted murder trial of Paul Mpwiyo to temporally stop communicating with Chiumbuzo family, the close relations to first accused, McDonald Kumwembe.

“Accused persons and all agents should not contact Luciano Chiumbuzo and all his nuclear family” ordered Mtambo on Tuesday evening at Lilongwe High Court  

The order come following ‘rebuttal evidence’ application made by State relating to alibi of suspected gunman, Kumwembe who stand by his claim that he was in Mozambique when Mphwiyo was shot in the night of September 13, 2013.

Director of Public Prosecution (DPP) Mary Kachale said state would like to rebut his excuse by bringing four witnesses among them are members from Chiumbuzo family who are related him. 

State evidence through Airtel mobile company call logs indicates that during the period in question, Kumwembe cell phone was actively used in communicating with second accused Pika Manondo here in Malawi up until the morning of September 14. Call logs, shows the morning of September 14, the two met in Dedza, the neighboring district of Lilongwe, where they communicated to each other using network tower for Dedza market.

But his earlier testimony, Kumwembe said he left his mobile phone in Malawi with his cousin, Luciano Chiumbuzo so he can communicate with Pika and any other person on number of business issues while he was away. Kumwembe who claim to have left the country though Dedza boarder agrees with witness of Pika that it was Luciano Chiumbuzo who had met with Pika in Deza in the morning of September 14.

Mphwiyo who until the time of attempted murder was serving as Budget Director at Ministry of Finance was shot while entering the gate of his home at area 43 in Lilongwe.

Director of Public Prosecution (DPP) Mary Kachale made the rebuttal application immediately after defense had closed its case

“What the law allow is that when the defense have given their case and there are what we consider as new matters that we could not have reasonably foreseen then in that case the State is allowed to bring in the rebuttal evidence so that is what we want to do” said Kachale in an interview

The matter has been adjourned to May 9, 10 and 11, 2016 but before adjournment Judge Michael Mtambo advised parties that court must finish dealing with the new business within the specified dates. It is now expected that after concluding with new business, parties will submit whether the suspects are guilty or not guilty.

In the day, Second accused Pika Manondo paraded Airtel expert to speak about network and how it precisely locate position of the phone making or receiving a call. Before the expert was introduced in the court, parties had met to define scope of evidence the defense were looking from Airtel since the company is also prosecution witness.

Pika brought Airtel expert to clarify because it is believed that he was present at the shooting scene in Area 43 since call logs had traced him being in Area 43 around the hours of the shooting.

Through his testimony, Pika said he was drinking that night staring from City Centre and had stopover at Area 10 Pacific Mall a neighboring area to area 43 around 23:00 hours. He then proceeded through Malawi College of Accountancy road heading to Area 10 crossroads where traffic lights are he took M1 road and drove to Area 47 at Bwandilo where he continued drinking at Chez-Mtemba till early hours of September 14.

Kuyere

Explanation from Kelvin Kuyere, Radio Network Planning Manager at Airtel Malawi throughout cross-examination in chief and during cross examination with first and second accused maintained that a person driving from City Centre passing through Capital Hotel to area 10 then proceed to Area 47, one’s cell phone is likely going to register network towers for Capital Hill, area 10, area 18 and area 43 tower which is at Petroda filling station near area 30 and very close to Area 10 Pacific Mall.

He said it most likely because very often signal from separate network towers in very close areas do overlap just to make sure that a subscriber is fully covered.

However, Kuyere contradicted himself during cross examination with State when more than once said was “certain” that Pika was outside range of coverage area of Area 43 tower. He also told court that it was not likely that Pika phone could be picked by far and weaker signal from Area 43 when stronger signals from Area 10 and other nearby towers were at off-peak hours which normally begin after 19:00 hours to the next day 09: 00 hours.

In his explanation, Kuyere said only when a closest tower is experiencing loading, the tower at far distance offering weak signal is allowed to take users. He emphasized that normally, when making a phone call network automatically decides cell tower offering best signal but in cases where there is loading, the network pushes subscriber to the next cell even if that cell is offering weak signal.

But he emphasized that during the off-pick hours closer tower always offer strong signal and it is therefore not likely in such circumstances that cell phone can pick far and weaker signal.

He also told court during cross examination of both first and second accused persons that call logs cannot be used to locate actual position but to locate general locality of subscriber within the radius of the tower. He emphasized that call logs must be used along with GIS application.

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

Private Lawyers, Court Bypassed DPP When Commencing Msonda’s ‘Kill Gays’ Criminal Case

Kachale: Her office was never consulted

The Director of Public Prosecution (DPP) has told Legal Affairs Committee of Parliament that the commencement of the Kenneth ‘Ken’ Msonda’s ‘Kill gays’ criminal case was done without consulting her office.

DPP, Mary Kachale, was appearing before the Committee on Thursday afternoon to justify her decision to discontinue the criminal case No 16 of 2016, Republic Versus Kenneth Msonda on Inciting another to contravene the law contrary to section 124 (1)(b) of the penal code.

Politician, Msonda is allegedly to have openly suggested the killing of homosexuals as the only solution to end the rising cases of homosexuality in the country which the charge sheet cited him conduct to have contravened section 209 of the penal code.

It is reportedly that in that Facebook post, the Peoples Party (PP) Publicity and Administrative Secretary, Msonda, had further described homosexual people “worse than ‘dogs” and are “sons and daughters of the devil”

Chakhwantha: his committee acknowledged the
DPP concern 

“She has told the committee that she had to discontinue the case on technical grounds especially where she noted that private lawyers who instituted the criminal proceedings had bypassed her office.” Disclosed Peter Chakhwantha, Chairperson for the Committee after holding a camera interface with Kachale

“The lawyers did not seek consent from her office which is a requirement of the law and again they had also put themselves on record as if they were sent by the office of the DPP as the charge sheet indicates that the case was Republic versus Ken Msonda. 

Where you have a charge drawn in that manner that shows it is the state prosecuting, but in this case the irony is that it was a private lawyer who had gone to court to commence criminal proceedings as if the proceedings were commenced by the office of the DPP. So, where that conflict had risen the DPP had to intervene by withdraw that case” he said

Chakhwantha then said his committee noted and agreed with the DPP on the existence of laws that guide private citizens when commencing criminal proceedings against any person before any court and such procedures were in this case supposed to be followed. He said the committee also observed the failure by Magistrate court to guide the lawyers on how they could have properly commenced that case.

“The law allows the private citizens to commence criminal proceedings. However there are checks and balances, among them is requirement that you have to go by the office of Director of Public Prosecutions. You can allege that the criminal offense has been committed and go to the Magistrate, but even before the magistrate signs the charge sheet, the court has to follow few steps particularly investigate allegations and come up with results in writing to the DPP.” He explained

“In this manner of the case of Ken Msonda, the Magistrate did not even fulfill those requirements. This is where the office of the DPP also faulted the entire commencement of this criminal case.” Said Chakhwantha

Chakhwantha revealed that the DPP, Mary Kachale during the meeting could not say if her office had found Msonda with possible case because she was of the view that she needed to consult for legal opinion on the matter first since Msonda alleged remarks started on Facebook post and media interviews which at the moment her office does not have evidence.

The Legal Affairs Chairperson, further disclosed that during their meeting, the DPP, has told them that at the moment if private members are still of the view that there is need for the recommencement of the case they can do so but under a different case designation; meaning the recommenced case will come again under different case number but not similar case number which was discontinued.

“There is a requirement under the law that once the case has been discontinued within six months it can be recommenced but from her own word she is not ready and willing to recommence the case. This is where she had to say if members of the general public are of the view that the matter should go back to court then they can only do that under a different case number not the one she has discontinued.” Said Chakhwantha

On the way forward as Committee having listened to justification of the discontinuous of the case by DPP, Chakhwantha said “As the committee, we are supposed to discuss the presentation and come up with the resolution on Friday.”


Copy Of Charge Sheet

Criminal Case No. 16 of 2016

THE REPUBLIC VERSUS KENNETH MSONDASUMMONS/CHARGE SHEET(SECTIONS 83 AND 84 OF THE CRIMINAL PROCEDURE AND EVIDENCE CODE)

Accused Name: Kenneth MsondaTO: Kenneth Msonda above named.

Whereas your presence is necessary to answer the charge(s) hereunder set out you are hereby required to appear in person before this Court on the 22nd day of January 2016 at 9 o'clock in the fore noon.

And Herein fail not.

Dated this 8th day of January 2016.

Signed (Resident Magistrate) OFFENCE (SECTION AND LAW) Inciting another to contravene the law, contrary to Section 124 (1)(b) of the penal code.

Kenneth Msonda on or about the 2nd January 2016 in the City of Blantyre indicated or implied to members of the general public that it was desirable for them to contravene section 209 of the penal code by unlawfully killing people of the homosexual orientation.

Dated the 8th day of January 2016

Signed: KHUMBO BONZOE SOKO AND GIFT NANKHUNI Prosecutors (On behalf of the Complainants).

DPP To Justify Msonda's 'Kill Gays' Case Discontinuance To Legal Affairs Committee

Kachale: her office discontinued Msonda case

Director of Public Prosecution (DPP) has been summoned to appear before Legal Affairs Committee of Parliament on Thursday to explain about her office decision to discontinue with a case against politician, Kenneth (Ken) Msonda.

Early this year, Peoples Party (PP) Publicity and Administrative Secretary, Msonda, is allegedly to have openly suggested the killing of homosexuals as the only solution to end rising cases of homosexuality in the country. It is reportedly that through his Facebook post he further described homosexual people worse than dogs and “sons and daughters of the devil.”

Although the case was opened against him, DPP office applied to court for the discontinuance of the case.

Deputy Chairperson for Legal Affairs Committee, Maxwell Thyolera explains in an interview that DPP, Mary Kachale appearance before his Committee on Thursday afternoon is to hear more from her about the report she submitted to the committee on the discontinuance of the case.

“We want to know the reasons why she discontinued the case. That is why we have called her to brief the committee because we have the certificate that she has given to the committee, so we want to get more information when she appears tomorrow.” said Thyolera

Honorable Thyolera said Kachale summon came under Section 99 subsection 3 of the constitution which require DPP to give a reasons to Legal Affairs Committee for any criminal proceedings discontinued at any stage before judgment is delivered.

“It is mandatory by law that when the case has been discontinued the reasons as to why has the case has been discontinued has to be given to Legal Affairs of Parliament and it is for the checks and balances that those things should be looked into holistically by both arms of Government; both executive as well as legislatures.” He added

Thyolera indicated that his committee has specifically requested for the case of Republic Vs Msonda because it is the only matter that has recently been discontinued by DPP.

Mphwiyo Shooting Case: Defense Ready To Finalise Testimony Next Month

The defense in the case of the attempted murder of former budget director Paul Mphwiyo has commited to finish giving defense testimony next month. 

Second accused, Pika Manondo is in his defense and the case has been adhourned to 18th and 19th April 2016 where court expect to hear from four witneses.

Director of Public Prosecution DPP Mary Kachale said State also believes that Defense is ready considering progress made so far.

“We have made significant progress because the defense has committed that the next sitting will be the last sitting on their part.” she said

Defense is expected to call four witnesses and hope to conclude in those two days.

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 

Mphwiyo Shooting Case: Kasambara Could Not Wait For Ash Wednesday After Bail Reinstatement

Kasambara was greated by friends and
 family as he was coming out from
court rushing to
attend Ash Wednesday 

On Wednesday evening, former Justice Minister, Raphael Kasambara unreservedly supported the State motion to have the case hearing adjourned to Thursday as the time was over so that he goes to Church that evening to join fellow Catholics for Ash Wednesday Mass celebration.

Kasambara who is third accused with case to answer on conspiracy in the ongoing attempted murder trial of former budget director, supported the state to adjourn at 16:30 hours just almost two hours after his bail got reinstalled.

Catholics on Wednesday celebrated
Ash Wednesday 

Ash Wednesday is one of the most popular and important holy days in the liturgical calendar as it opens Lent, a season of fasting and prayer and takes place 46 days before Easter Sunday. Priests administer ashes during Mass as a visible symbol of penance. The ashes are made from blessed palm branches, taken from the previous year's palm Sunday Mass.

A Catholic faithful, Kasambara said “I would like to join Madame DPP (referring to the Director of Public Prosecution, Mary Kachale) that court adjourn this time because I have to go to church, today it’s Ash Wednesday.”

Kasambara stood to express his support for adjournment just after the State through DPP Mary Kachale who was at that time cross –examining second accused Pika Manondo had reminded court that it was 16:30 hours, time for adjournment.

However, Manondo prayed for an extension of time because he wanted his defense be concluded so that he can start to call his witnesses. Manondo said adjourning at that time would delay the case because more time has been lost already.

Although, Judge Michael Mtambo ruled in favour of State and the third accused person Kasambara, to adjourn hearing for this Thursday morning, Mtambo also concurred with Manondo that time is being wasted and remin;ded the court that there is need for progress.

“But we keep on losing time” he observed and advises all parties by reiterating that there is need for progress so that the case is concluded in good time especially to ensure that the defense of Pika is concluded this week.

The cross-examination of Pika continues this morning starting at 09:00 hours

The bail reinstallement also brought excitement among friends and relations of Kasambara

Mphwiyo Shooting Case: Prosecution No Problem With Bail Reinstatement Of Kasambara, Kumwebe

Kachale: state respects court decision 

The Prosecution in the ongoing attempted murder trial of former budget director Paul Mphwiyo says respects the decision of the court to release two accused persons, Raphael Kasambara and McDonald Kumwembe from prison after their bail was revoked some few months ago.

Kasambara finally walks home 

“As State, our role is justice and when it comes to the interest of justice, the custodians are courts and the guardians are the courts.” Says Director of Public Prosecution, Mary Kachale in an interview after the defense hearing adjournment on Wednesday evening

“We make submissions and the courts are the final arbiter, so when the courts has said at this time considering all the other factors the court has considered, the Judge is of the view that the interest of Justice now weigh in favour of releasing the accused persons because all this time the case has progressed so well that we are actually going to the final conclusion they can go so that they can start to prepare the defense outside. So, we believe the justice is even handed so we respect the decision of the court” she said 

Before adjournment on Wednesday, the state was cross-examining the witness of Pika Manondo who is now in his defense.

The State based its questions on the alleged People’s Party (PP) scheme of supporting weaker candidate to run presidential race in the Malawi Congress Party (MCP) in 2014 Tripartite Elections.

The state was mainly seeking Pika to clarify on number of money deposits that McDonald Kumwembe had earlier told the court that they were made by Pika as payment on the alleged scheme which they were masterminding through devising number of tactics. 

The state argued that the pay was not chiefly for the alleged MCP Convention plot regarding contradictory evidence being given by Pika and Kumwembe on the same deposits and therefore state consider that those payments were for another business known to the two.

Pika continues to deny knowledge of some of the deposits allegedly made by him. He only acknowledged one deposit which he said was pay to Kumwembe for related to the scheme of supporting weaker person from MCP.

Mphwiyo Shooting Case: DPP Says Kasambara Threatened Her As The Accused Pray For Bail, Access To Computer While In Prison

Director of Public Prosecution (DPP), Mary Kachale on Wednesday had recused herself from commenting on bail application for Raphael Kasambara after she openly said she was afraid of him following a recent incident where he had threatened her and spoke in her face that she was the reason why court had revoked his bail last year.

After third accused, Kasambara who is answering the charge of conspiracy in the attempted murder trial of former budget director Paul Mphwiyo had finished submitting his request to have his bail revocation dropped, the DPP said she was not going to comment anything as she was still terrified by threats made by Kasambara during their recent closed meeting where he also made accusations that she was responsible for his bail revocation.

“I would like to recuse myself from commenting on bail application for the third accused because he threatened and shouted at me in our recent meeting. He reached the point of mentioning my name that You Mary, are the reason why I am in prison.” revealed Kachale 

She indicated that it was State Counsel, Enoch Chibwana who helped to ease the tension in the room when he quickly made himself seat between the two.

“I Came out of that meeting while shaking and am still shaking now" she added

However, court did not comment on the claim made by the DPP.

Kasambara On Wednesday asked court to let him free on bail because restrictive conditions in prison are barring him from interacting with his witnesses and that he is also failing to access to medical attention.   

But, Justice Michael Mtambo ruled that the third accused should make a formal bail application which the State would be expected to respond to. 

The third accused also made a second request asking the court to make directive that prison officials must allow him to have access to supporting materials like computers where he can use to do research and write some valuable documents for the court proceedings. 

Kasambara said he is being denied to fair trial in the ongoing case because he is being restricted to access to computer.

But Director of Public Prosecution (DPP), Mary Kachale responded that the state was not aware that the accused were not allowed to access to computer and said if were informed, a good arrangement could have been made to provide defense with such facilities.

When making his ruling on the matter, Justice Michael Mtambo ordered that “access to computers for the research, should have a restricted access in accordance with the prison orders."

Last year, court revoked bail of both Raphael Kasambara and first accused McDonald Kumwembe for number of applications which were delaying the proceedings of the case and on security issues. 

Former Justice Minister, Raphael Kasambara is answering conspiracy while second accused, Pika Manondo and first accused, McDonald Kumwembe are answering both conspiracy and attempted murder of their friend also former budget director Paul Mphwiyo.

Paul Mpwhiyo was shot outside the gate of his house in area 43 in Lilongwe in the night of September, 13th 2013.

Mphwiyo Shooting Case: Kumwembe Says Can’t Miss Target, Asks Judge To Try His Ability In Court

Kumwembe I cant miss my target 

McDonald Kumwembe, suspected shooter in the attempted murder trial of Paul Mphwiyo has told the court that he could have at a 5 metre range, shoot to kill Paul Mphwiyo if he were hired for the job.

Kumwembe was speaking on Wednesday court sitting during his defense in the case he is answering of attempted and conspiracy to murder former budget director Paul Mphwiyo on September 13th 2013.

When entering his defense, the former Malawi Defense Force officer Kumwembe who maintained to deny to have shot Paul Mphwiyo, said him as a well trained soldier and man who worked as a military officer for a very long time could not miss the target at a range of 5 metres as it was the case in Mphwiyo shooting.

“I have worked in Malawi Defense Force for so many years. As it was said by the victim that he was shot at a range of 5 metres, surely if I could be the one shooting, then I could not miss him” said Kumwembe while alleging that the person who pulled the trigger might have been a novice, and further denied his involvement in an enterprise to kill Mphwiyo.

“If you can allow me to have a gun and show a target here in court, I will not miss” challenged Kumwembe

But Judge Michael Mtambo quickly reacted by interrupting him in a joking way saying “We cannot take that risk!” and the whole court was laughing.

Kumwembe

Kumwembe also said, in a situation happened at the time of shooting, it could not happen as testified by the victim that him had a mask on his face while his accomplice Pika had nothing to shield his face.

Meanwhile, his cross examination has been adjourned to dates from 13th to 16th October 2015

Earlier, Kumwembe accused the victim Paul Mphwiyo and an investigator of the present case Kankhwala Chilinda of lying under oath and bringing false evidence against him in the court as he narrates how he became friends of the two and later Pika Manondo.

He said he became friends with Mpwiyo way back in 1999 when him was in Zomba working with MDF as Investigator while Mphwiyo was a Personal Assistant of late Dumbo Lemani and that they had also been meeting in several places. 

But he has accused Mphwiyo of telling the court lies that he does not know him. He revealed that it was Paul who introduced him to Pika Manondo after the two had discussed on a business plan they can do to former ruling party Peoples Party (PP).

He said after their discussion he met Pika at Andiamo in Balaka where former president Joyce Banda was welcoming new members of the party. He said while there, Pika told him that he can work for the party as an Intelligence officer for the party.

Then he quashed almost every evidence brought in the court by Chilinda adding that all allegations against him are based on an altercation they had some years back.

He explained that while based in Zomba working as intelligence officer, he reported to Chilinda bosses on information that Chilinda (working as CID officer in the same district) was lending out his firearm to some criminals. Kumwembe then said, Chilinda was furious and at one point told him that he will one day do revenge.

Kumwembe emphasized that it was obvious that Chilinda brought in the court false evidence against him of being involved in a robbery case which took place in Machinga, and spotting him at Bwandilo on 30th August 2013 the day he (Kumwembe) said left the country for Mozambique. 

The accused person further told court that Chilinda also tendered a false bus ticket allegedly indicating that the accused had traveled to Lilongwe days before Mphwiyo was shot. While showing the document to the court, Kumwembe said the ticket was only indicating the date of 30th August without specifying the year and particulars of the owner of the ticket.

Furthermore, the accused person also questioned Chilinda motive of brining in the court, a gun which had no bearing of fingerprints or any evidence that it was used by him in the shooting.

“By bringing that gun here, what exactly did Mr. Chilinda tried to portray my image to the public and reporters here in court?” asked Kumwembe

Kumwembe said it was apparent that following their past clash, nothing would have stopped Chilinda from fabricating evidence against him and further accused the investigator of doing try and error sort of investigations in the present case.

Cross Examination 

During Cross examination done by Director of Public Prosecution (DPP) Mary Kachale, Kumwembe was so defensive in his responses and was in several occasions answering questions in a form of a question back to the DPP. 

At one point the Judge counseled him to be serious “This is a serious business Mr. Kumwembe” said the Judge when he responded to the question from DPP of why he is so famous in the township of Ndirande in Blantyre by asking: “How could I be so famous in Ndirande? If were famous then don’t you think I could have been a parliamentarian for the area?”

DPP also centred her questions around the alleged travel to Mozambique in 2013 during the period Mphwiyo was shot. Kumwembe said he left his cell phone simcard to his brother currently living in South Africa to make contacts with persons he was doing businesses with.

However, his phone call logs at that period were indicated that the sim was being used by the said cousin in almost all places that Kumwembe used to go including at Bvumbwe Township where Kumwembe girlfriend lived and could be in a call with the girlfriend for over 20 minutes.

But Kumwembe response was that he could not control such situation and also said he could not remember any place he stayed in three separate trips he travelled to Mozambique.

McDonald Kumwembe is a first accused person in the case of attempted and conspiracy to murder Malawi’s former Budget Director Paul Mphwiyo at the gate of his house in Area 43.

Kumwembe who was identified as a shooter was found with case to answer on conspiracy and attempted murder together with second accused person Pika Manondo. The third accused who is a practicing lawyer and former Justice Minister and Attorney General, Raphael Kasambara was found with case to answer on conspiracy. 

The shooting of Mphwiyo was the genesis of numerous arrests on calculated theft of government money at Capital Hill.

Mphwiyo Shooting Case: Court To Subpoena Joyce Banda As Witness

Lilongwe High Court 

The High Court Registrar is expected to make a decisive action which will possibly force former President Dr. Joyce Banda to come back to Malawi to stand as a defense witness in Paul Mphwiyo shooting case.

During the court sitting on Friday last week resolved that the Court Registrar should subpoena all witnesses named by defense but currently seem not likely to come to stand as witnesses.

The decision was made following request from second accused, Pika Manondo that court must intervene and use its power to bring to court former Head of State Dr. Banda who currently is outside the country and she seem not to come back in the country very soon.

Manondo said the former President has a lot to explain in this case.

His request was made after Judge Michael Mtambo remarks before adjourning the case. He emphasised that he wants the case be concluded very fast. 

He said court will not tolerate any delays and that the defense should call its witnesses during the upcoming sitting of court. 

Justice Mtambo also warned that he will not hesitate to revoke bail of the accused persons who fail to cooperate.

Kachale: High Court Registrar must
  subpoena witnesses 

But when the state was asked to help defense bring witnesses to court, Director of Public Prosecution (DPP) Mary Kachale said the High Court Registrar was in the right place to subpoena all witnesses.

Kachale said with that authoritative letter, enforcement agencies can react in a situation where the witness is not willing to appear in court.

Former Budget Director Paul Mphwiyo was shot at the gate of his house in area 43 during the night of 13th September 2015. His shooting led to number of arrests in connection to looting of public money dubbed cashgate.

McDonald Kumwembe identified as a shooter was found with case to answer on attempted murder and conspiracy to commit murder together with Pika Manondo while former Justice Minister and Attorney General, Raphael Kasambara was found with case to answer on conspiracy to commit murder.