Mphwiyo Shooting Case: Kumwembe Application for Judge Recusal Dismissed

Lilongwe Court 

Justice Michael Mtambo has on Friday, dismissed judge recusal application made by MacDonald Kumwembe, suspected shooter in the attempted murder of Paul Mphwiyo, for lack of merit.

His application has also earned him a four months prison sentence for sarcasm, rudeness and demeaning the judge.

Justice Mtambo has refused to recuse himself from hearing the case for a second time now following application that was made by third accused person Raphael Kasambara which the judge had also dismissed in June. 

Kumwembe applied for the recusal of presiding Judge Mtambo on grounds of bias and that he perceived that the judge has already intended to make a ruling against him.

Kumwembe being handcuffed for contempt 

The application, which has provoked the judge to send him to prison, therein Kumwembe likened Judge Michael Mtambo to a thief by describing him as a “modern day, Robin Hood” (a heroic outlaw in English folklore portrayed as robbing from the rich to give to the poor)

Kumwembe also in his application added a CV which he claims belongs to the judge and that it speaks volume of the possible bias which may result him being found guilty and convicted of the alleged crime he is answering.

But in his ruling, the judge argued that Kumwembe application failed to lay foundation for judge recusal and that the claimed CV does not add any substance to justify the recusal of the Judge.

“Anybody can pick any document from anywhere and say that this is a CV of someone” said Mtambo as he discredits the validity of the alleged CV.

Kumwembe being walked to Maula Prison 

While the Judge wondered as of who served Kumwembe the claimed CV and the motive behind, Justice Mtambo also mentioned that the said CV does not set grounds for judge recusal and it must have been sourced through theft.

“CVs are confidential documents…. and you can’t just get someone CV. That is stealing“ he then added that such actions may pressure other judges to recuse themselves in fear that if they take up the case someone will dig up something from them.

Meanwhile the case has been adjourned for 24th to 26th of September 2015. The court is in the next sitting expected to continue with pending state application for the bail revocation of McDonald Kumwembe.

The Judge has also asked the court to submit on whether the court can of its own motion review the bail status of the third accused person Raphael Kasambara. This comes after the court observed that that there has been no cooperation from defense after it was learnt that Kasambara has been aiding Kumwembe on several issues including the filing, typing, and printing of judge recusal application and on claims made by Kumwembe of the ownership of the alleged CV for the judge. 

Kumwembe and Pika Manondo were found with case to answer on attempted murder and conspiracy to murder former of former budget director Paul Mphwiyi while Lawyer Raphael Kasambara was found with case to answer on conspiracy to commit murder. 

Cross Examination of Kumwembe’ Application for Judge Recusal

During Friday court sitting, Kumwembe sought for Chichewa translator for the cross examination of his application for the judge recusal a development which led the state to ascertain that Kumwembe had not written the application by himself as the application had been crafted in such a very good English.

Mary Kachale: Kumwembe was used by
Ralph And Arnolds 

The State insisted that Kumwembe was being used by Ralph and Arnold Associates which belongs to Raphael Kasambara for his application for the judge recusal.

Director of Public Prosecution (DPP) Mary Kachale said all documents from Kumwembe were typed and printed by Ralph and Arnolds Associate of which Kumwembe denied.

“All these ideas were not yours and you are just being used by Ralph and Arnolds” claimed Kachale though Kumwembe denied the assertion by stating that he typed and printed the documents at some internet cafes he can’t remember their names and exact location but were in area 4.

When asked more about the CV which he claim to be of Justice Mtambo, Kumwembe said unnamed “well-wisher” just brought it at his home then he went with it to Raphael Kasambara who identified it as Mtambo’s CV because of its signature.

The state also told court that Kumwembe has been following the presiding Judge for a long time to the extent that he knew extra security personnel that were assigned for the Judge. However, Kumwembe denied by stating that he was tipped by unknown police officer whom he met at a pub in Lilongwe. 

Asked to describe who Robin Hood is, Kumwembe said must be a judge somewhere else, an answer which the state further justified that Kumwembe was not the person who wrote the application for judge recusal.

Mphwiyo Shooting Case: Kumwembe Names Former President Joyce Banda As Witness

Lilongwe High Court 

McDonald Kumwembe names Joyce Banda and seven other persons as his witnesses for the case of attempted murder and conspiracy to kill former Budget Director Paul Mphwiyo. 

Kumwembe and Pika Manondo were found with case to answer on conspiracy and attempted murder of Paul Mphwiyo, while Former Justice and Constitutional Affairs minister Raphael Kasambara was found with case to answer on conspiracy to commit murder. 

Cashgate Case: Kalonga Bail Revoked

Lilongwe High Court 

The Lilongwe High Court has revoked bail of a cashgate convict Leonard Kalonga and has since been sent to Maula prison pending his sentence.

Kalonga, accused of defrauding government money amounting to K3 billion between April and September 2013, has on Wednesday pleaded guilty and got convicted before Justice Fiona Mwale to three counts of money laundering.

Kalonga was arrested on cashgate following his acquisition of 6 Scania Marcopolo buses using government money. However his second charge indicates that the buses belong to Paul Mphwiyo. The charge states,  Kalonga facilitated, a baited and aided laundering of K520 million, between July and September 2013, the proceeds which were used in acquisition of the 6 buses for Paul Mphwiyo. 

Other charges includes conspiring to defraud government using forged documents money not less than K1 billion which was paid to bogus suppliers and that he was involved in Money laundering of K3, 252, 225 billion, proceeds of serious crime between April and September 2013.

Kalonga pleaded guilty and convicted of all three counts. 

Meanwhile the case has been adjourned to a later date and possibly next week for sentence hearing.

However, his caution statement has made revelations of genesis of Cashgate and named some of the key figures in government including other government officers from various ministries and departments who became defrauders after being recruited by the ruling party then.

Key names includes: former President Dr. Joyce Banda, former Budget Director Paul Mphwiyo, former Accountant General Bill Kandoje, chief accountant George Banda, Clemence Madzi including some officers from Financial Intelligence Unit (FIU).

17 Civil Engineering and Building companies have also been implicated as bogus service providers that were paid huge sums of money without rendering any service to government.

Mary Kachale: Kalonga was recruiting fellow
workers

In both State narration of facts to the present case and Caution Statement of Mr. Kalonga indicates that former President Joyce Banda was at the control of such calculated theft of public coffers for the purpose of funding her Peoples Party during the 2014 general election campaign.

Kalonga says at one point Oswald Lutepo spoke to the former president on telephone and that their conversation was put on a loudspeaker. He said Lutepo was assuring her of the availability of funds that was defrauded by the conspiracy team.

He also said apart from being assured by Paul Mphwiyo that nothing will happen to them as people were placed in every strategic areas in all government ministries and departments, officers involved in the scam received a word of assurance of their protection by the former president Joyce Banda through Treasa Senzani. 

In his self confession statement, Kalonga is claiming that he was introduced to Paul Mphwiyo by a man from Accountant General’s office and that later, Mphwiyo placed him as recruiter of fellow civil servants from Ministry of Tourism as well as bogus contractors.

Later, Kalonga said he used to collect money from bogus companies after they withdrawn their cheques. Then 60% of the money was for the Peoples Party while the rest was shared among the companies and officers involved. But he said Paul Mphwiyo was the one collecting the money for the party and was delivering the money to state house. 

Leonard Kalonga also indicated that most of their meetings were taking place at his house in area 18 and in rare occasions, the meetings happened in other places. 

However, he also mentioned that the defrauding group had at one point suspected nontransparent acts from Paul Mphwiyo due to unfair shares.

The former Assistant Director of Tourism in the Ministry of Tourism, Leonard Karonga began working civil servant in 1992.

Cashgate Case: Former President Joyce Banda Named In Kalonga Case

Lilongwe High Court 

Leonard Kalonga pleads Guilty to K3. 2 billion case. 

Kalonga was arrested on cashgate following his acquisition of 6 Scania Marcopolo buses using government money. 

Now, case involves more other persons already answering cashgate cases and other new other names. The case also includes 17 Civil Engineering Constructions 

Kalonga has since pleaded guilty. 

Shocking revelation of the case 

Immediately Kalonga pleaded guilty, Director of Public Prosecution (DPP) Mary Kachale made narration of facts of the case which claim involvement of former President Dr. Joyce Banda and Paul Mphwiyo as key coordinator of the fraud way before he become budget director.

Mary Kachale: Proceeds
of theft were going to
Peaples Party 

The statement claims, Kalonga was a recruiter of government officers that were involved in cashgate, companies involved including collecting and distribution of cash, even including collecting and distribution of cheques. 

DPP stated that the defrauded money was delivered to State House and were meant for 2014 campaign by Joyce Banda administration 

The facts also claim that Dr. Joyce Banda assured protection of all involved in the scam. 

The DPP also in her narration included names of Oswald Lutepo, George Banda, Treasa Senzani (who joined the fraud later than others)

Kalonga equivocally agreed to the facts presented by DPP

Case was under Justice Fiona Mwale who has since convicted Kalonga of three charges 

The first charge indicates that Kalonga in 2013 conspired with other persons to defraud government using forged documents to a tune of not less than K1 billion paid to bogus suppliers. 

His second count states that between July and September 2013 Leonard Kalonga facilitated, a baited and aided acquisition of 6 Marcopolo Scania buses with Paul Mphwiyo and others money laundering to a tune of K520 million while the third count Kalonga was involved in Money laundering which were proceeds of serious crime between April and September 2013 with other persons to a tune of K3, 252, 225 billion.

Visit again for more updates as the case is still in progress

Mphwiyo Shooting: Kasambara, Pika, Kumwembe Have Case to Answer

Dauka (middle) Kadzuwa (left)
freed from Mphwiyo shooting case 

Lilongwe High Court finds three suspects with case to answer in the attempted murder and and conspiracy to commit murder of former budget director Paul Mphwiyo in the night of September 13th 2013 at the gate of his home in area 43.

Former Justice Minister and Constitution Affairs, Raphael Kasambara, Pika Manondo and McDonald Kumwembe have been found with a case to answer. While Dauka Manondo, Robert Kadzuwa and Oswald Lutepo  have been acquitted as the court finds no substantive evidence against them to be connected to the shooting.

Meanwhile Judge Justice Michael Mtambo has adjourned the case to 22 May 2015 where the court will enter the defense. 

Reacting to the three acquittals, Director of Public Prosecution Mary Kachale says the state respects the decision of the court. 

Why some suspects have case to answer and not others?

Raphael Kasambara will enter defense on the charge of Conspiracy to commit murder while Pika Manondo and McDonald Kumwembe are expected to enter defense with two counts of Attempted murder and Conspiracy to commit murder of Malawi's former Budget Director Paul Mphwiyo.

Kasambara has been acquitted in attempted murder charge because there was no evidence to justify the alleged threats the victim (Mr. Paul Mphwiyo) had claimed and that Kasambara was not identified among the assailants who were at the victims gate during the shooting. 

However, Kasambara has a case to answer on conspiracy to commit  murder following Airtel call logs which indicates that he was in a constant contact with the other suspects prior to and the night when Paul Mphwiyo was shot.

Justice Michael Mtambo said the court also agrees with state that Pika Manondo has case to answer for the "unusual" kind of communication he had with Kasambara night of Paul Mphwiyo shooting which one would suspect that they were executing a certain plan. The court added that Pika was identified by the victim as one of the suspects and that  he fled out of the country immediately Paul Mphwiyo was shot and was arrested a month later.

McDonald Kumwembe has a case to answer says the court following Airtel call logs which trace him moving from Bvumbwe to Lilongwe while in constant contacts with the other suspects. Not only that but also, his phone number registered that he was in Area 43, a location where the shooting took place and within hours the shooting took place.

Court further finds no evidence that Kumwembe had travelled to Mozambique the period of Mphwoyo shooting since Kumwembe was also found with a bus ticket indicating that he travelled from Blantyre to Lilongwe a day before Mphwiyo's shooting. 

On airtel call logs and the ownership of the phone numbers, Justice Mtambo said the court finds that the call logs were credible since "none of the accused" had  asked Airtel experts even a single question of ownership of the phone numbers or disowning them.

Justice Mtambo also ruled against defense submission particularly made by Raphael Kasambara and John Mwakhwawa that there is possibility that the phones of the accused were with their spouses including the submission made by Kasambara that his phones could have been with his personal assistant because he would let them use his phones.

"Cellphones are meant for  personal holders and are not given to spouses to communicate even with husbands friends during old hours" said Mtambo who added that "It is not possible to let your personal assistant use your phone, communicating with your friends even up to old hours."

Robert Kadzuwa has been acquitted because there is no evidence against him apart from the claim by the state that he was found with millions of Kwacha's while with Kumwembe, the money which the state suspects to have been a payment after shooting and the two were about to share. 

The judge said there is no evidence that the money found with Kadzuwa was his payment after the shooting.

Similarity the court finds no evidence that Dauka Manondo was involved in the shooting and conspiracy to commit murder of Paul Mphwiyo.

Oswald Mtupila Lawyer for Oswald Lutepo 

Oswald Lutepo has also been acquitted following acknowledgement by the state that his name made it to the suspects list when the state witness mistakenly named him for Pika Manondo.

Meanwhile the lawyer for Lutepo, Oswald Mtupila who looked so happy, says he would wait for Lutepo for a go ahead on appeal for compensation for the costs incurred having being dragged into the case.

Mphwiyo Shooting Case: State Restore Bail Revocation Application For All Suspects…

• The application Was Withdrawn Following Chalunda’s Change of Testimony

• But the state says has reversed the decision to prove its previous claim that suspects in the case have been interfering with and intimidated witnesses

The State prosecuting the case of attempted murder and conspiracy to commit murder of former Budget Director Paul Mphwiyo has made a turn back to a decision that requests Lilongwe High Court to revoke bail for all suspects answering the case.

In March this year following alleged state witness interference and intimidation from some of the accused persons, the state applied for the revocation of bail for all suspects.

But on Thursday morning, the State had withdrawn application to revoke bail for all suspects when a “hostile witness” Charles Chilunda changed his testimony. He told Lilongwe High Court during examination in chief that his audio affidavit claiming threats from some of the defendants was recorded after being forced by the prosecutors to do so.

The audio affidavit was played in court this Thursday, but Chalunda maintained what he said on Wednesday that he has no knowledge of any of the suspects and continued that his affidavits were wrong and he is therefore not a right witness.

However, as the case resumed in the afternoon after an adjournment for lunch break, Director of Public Prosecution (DPP) Mary Kachale told the court that the state has decided to restore the application for the revocation of bail for all suspects. 

Kachale made a prayer to Judge Justice Michael Mtambo that the state application be restored due to the interest of public on the matter and state insistence that its witnesses were interfered with by the accused persons.

In an interview to highlight more on the reversal of the state decision, Mary Kachale said the decision made in the morning of the day was done in a hurried manner. “So we sat down and considered the legal implications of the withdrawal and we knew that it is in the public interest and it is also in the interest of the state that it should be on the record that state has reasonable evidence and has put it before the court that its witnesses were interfered with.”

“This is because had we withdrawn, what it would have meant is that the court would have taken that record completely off. It would have been as if we were saying that actually the state witnesses had not been interfered with. So we did that to demonstrate that the state still is of the position that its witnesses had been interfered with and it should be up to the court to determine” said Kachale

Wapona Kita Says His Clients Were "Inhumanly Degraded" BKita says Mphwiyo Suspects Being "Inhumanly Degraded" For Being Walked From Police to Court

• Dauka Manondo and Robert Kadzuwa were walked in handcuffs almost 300 metres from police to court 

• They feel they have been inhuman degraded

Dauka Manondo and Robert Kadzuwa in handcuffs

Meeting a police officer walking a handcuffed suspect to court is not strange among Malawians, but in a surprising way, lawyer, Wapona Kita representing Dauka Manondo and Robert Kadzuwa answering the case of attempted murder and conspiracy to commit murder of former budget director Paul Mphwiyo, has described an approximately 300 metre walk to court which police had on Wednesday with his two clients currently under police custody as "inhumanly degraded" act by law enforcers.

The lawyer complained before Justice Michael Mtambo who is presiding Mphwiyo shooting case that his clients, Dauka Manondo and Robert Kadzuwa currently in police custody have been "Inhumanly degraded" for being walked from Area 3 Police Station to the High Court which is approximately 300 metre distance.

"My Lord, the two accused persons currently under police custody have been walked from Area 3 Police Station up to here. And the accused therefore feel have been inhumanly degraded by being walked such a distance while in handcuffs. Police have vehicles and were supposed to use them to transport the suspects." He said

In earlier response on the matter by Director of Public Prosecution (DPP) Mary Kachale said this emanated from transportation problem with police.

But after some discussions, the court reached to the compromise that there is no problem to walk Manondo and Kadzuwa from Area 3 Police station as the distance is short but police should make sure that the suspects are taken to court in good time.

Later when the court resumed sitting after a short suspension another problem was raised by the two suspects, Dauka Manondo and Robert Kadzuwa for being brought in the court almost 30 minutes after the court began proceedings yet this time were being kept temporarily  at a suspects waiting shelter just few blocks away from the High Court. 

Seem concerned with the complaint, Justice Mtambo asked DPP to make explanation of the reasons why the two suspects missed part of the court proceedings yet were just few blocks away from the court.  

DPP's explanation was that police at the waiting shelter had man power problem whereby very few police officers were tasked to monitor suspects kept at the shelter and those responsible for taking suspects to courts were not available. 

But Kachale further committed to speak with police officer in charge to make sure that there should be personnel's responsible for taking suspects answering their charges at high court and others responsible for taking suspects answering charges in magistrate court in order to minimise issues similar to what has happened to Dauka Manondo and Robert Kadzuwa.

Mphwiyo Shooting Case: Chalunda's Changing Testimony Forces the State to Use Audio Affidavit On Thursday

• Chalunda has insisted not to make testimony to a case which charged him of perjury

• He denies the suspects he previously claimed had met him before Mphwiyo shooting

The State in the case of Attempted murder and Conspiracy to commit murder of Malawi’s former Budget Director Mr. Paul Mphwiyo has been left with no option but to use audio affidavit recorded from its key witness Charles Chalunda who has completely withdrawn his earlier written affidavits and any evidence told investigators.

State witness, Chalunda who was brought to Lilongwe High Court on Wednesday following a subpoena is denying every statement which was taken by police investigators into the shooting of Paul Mphwiyo saying he sees point to testify to a case which he was convicted and charged of perjury.

The crucial witnesses in the ongoing case of attempted murder of former Budget Director Paul Mphwiyo in September 13, 2013 has also denied any knowledge of five suspects being accused of plotting to kill Mphwiyo.

Chalunda is the man who previously confessed to the police investigators that he together with McDonald Kumwembe travelled from Blantyre to Lilongwe on robbery mission, but everything changed when the two, met Oswald Lutepo at Bwandilo market in area 47 in Lilongwe who instructed them to shoot to kill a man named Paul Mphwiyo.

His affidavit taken that time, also indicates that after they were shown a picture of Mphwiyo, and later taken to see his house in Area 43 as well as places he frequents, they failed to execute the mission as one day were spotted by a lead investigator, Kankhwala Chilinda sharing K1 million part of their payment. 

After pulling out from the mission, Chalunda therein also said, few weeks later heard that Paul Mphwiyo had been shot.

However, Charles Chalunda withdrawn the affidavit saying he lied under oath. He also changed that the man who he met at Bwandilo was not Lutepo but Pika Manondo. This led to his conviction and subsequently charged with perjury by court in Zomba.

On Wednesday evening, Chalunda who looked so angry as he stood in the dock, had at the very beginning refused to take plea and said, could not continue making testimony to a case which has already ended him being charged with perjury. He even expressed wonder why the state had taken him from Blantyre to Lilongwe by an army of police officers.

It took several minutes including a 10 minute suspension of the court proceedings and other interventions to make him calm and accept to take an oath which he did after.

Though he took oath, Chalunda denied everything that Director of Public Prosecution (DPP) Mary Kachale asked him of his knowledge of prior plans and persons in the shooting of Mphwiyo as earlier stated in his affidavit.

Chalunda’s apparent unfriendly mood and responses during cross examination in chief prompted Kachale to make a request to Justice Michael Mtambo to declare the witness as ‘Hostile Witness’. Though the witness answered some questions but insisted that though he signed for two affidavits having different statement but whatever he said was a lie.

The DPP has therefore sought other means of presenting his testimony. This Thursday morning the state is bringing to court an audio affidavit which Chalunda had explained all what had happened pertaining to the shooting of Paul Mphwiyo and intimidation being made by some of the defendants.

Chalunda is one of the state witnesses who also raised an alarm to the investigators claiming that his life is at stake as some of the accused persons are issuing intimidation and had asked for police protection and be transferred to a safe place elsewhere in Mangochi district. 

His claim led the state to make a request though not successful but was asking Justice Michael Mtambo to revoke bail for all five accused persons. Such fears also prompted government to deploy more than 10 armed police officers at the High Court premises every time the case is convened for witness protection.

Kasambara Accuses State, DPP Office over Re-arrests of Some Accused Persons in Mphwiyo Shooting Case

Dauka Manondo& Robert Kadzuwa in handcuffs

Raphael Kasambara, one of the accused person in the case of Attempted murder of Malawi's former Budget Director, has accused government of making deliberate re-arrest of some of the accused persons.

Dauka Manondo one of the accused persons in the case of attempted murder and conspiracy to commit murder of Mr. Paul Mphwiyo was re-arrested few weeks ago on suspicion of wanting to kill witnesses and prosecutors and the state had also previously applied for the re-arrest of five accused persons currently on bail following state witness claims that they are being threatened by defendants.

But on Tuesday, a self represented lawyer Raphael in the case, Raphael Kasambara was prompted to express his anger when Judge presiding the case Justice Michael Mtambo had asked of whereabout of Dauka Manondo as he was not present in the dock.

Kasambara reacted by saying government is making deliberate re-arrests to some of the accused persons so that the public should have a negative view of the accused persons in this case.

He further called on state and office of Director of Public Prosecution (DPP) to stop such a gimmick game.

However, in reacting to Raphael Kasambara comment, DPP Mary Kachale said, police is making arrests of some of the accused following  independent police investigations and not from the influence of state or DPP office.

In related development as the court convined in the afternoon Kasambara had also accused state of not respecting the rights of two accused persons currently in police custody, Dauka Monondo and Robert Kadzuwa for not removing their handcuff up to the cour dock.

The two had their handcuffs removed when Kasambara had raised the matter before Justice Michael Mtambo. However the state denied of making any instruction to police of not removing the handcuffs of the two accused persons.

In the ongoing case, Raphael Kasambara, Pika and his brother Dauka Manondo, McDonald Kumwembe, Oswald Lutepo and Robert Kadzuwa are answering charges of Attempted murder and Conspiracy to commit murder of Former Budget Director Paul Mphwiyo who survived from three gunshots in September 13, 2013.

Since Tuesday morning the Lilongwe High Court continued hearing the cross examination of one of the state investigator  Superintendent Kankhwala Chilinda

Lawyer Wapona Kita was so inquisitive on issues sorounding authenticity of call logs that the  state brought in the court and his capacity to thoroughly investigate the issue surrounding Mphwiyo's shooting.

Prosecution Applies for Revocation of Bail to Suspects in Mphwiyo’s Attempted Murder

Suspects are interfering with and intimidating state witnesses -the State claims

The Prosecution in the case of attempted murder of former Budget Director Paul Mphwiyo has applied before presiding Judge Justice Michael Mtambo, a revocation of bail to all the accused involved in the case following claims of “interference and intimidation” to state witnesses.

On Wednesday, Director of Public Prosecution (DPP) Mary Kachale told Lilongwe High Court that state wishes annulment of the bail granted to all accused persons in this case because they have “interfered with and intimidated” state witnesses. 

In the case, Raphael Kasambara, Pika and his brother Dauka Manondo, McDonald Kumwembe, Oswald Lutepo and Robert Kadzuwa are answering charges of Attempted murder and Conspiracy to commit murder of Former Budget Director Paul Mphwiyo who survived from three gunshots in September 13, 2013. 

Kachale indicated that the state has audio recordings of its two witnesses including Charles Chalunda claiming that their lives are at stake because some of the defendants are issuing various forms of threats.

“My Lord, there is an affidavit which is showing that some of our witnesses are fearful of their lives”, she continued and further said “Mr. Chalunda had called police for protection and he asked the state to have him transferred to a safe pace elsewhere in Mangochi district”

Kachale tried hard to convince court that the state plea be sustained due to seriousness of the matter and taking into consideration that Malawi has no Witness Protection Programme. 

Since the state made the application without serving the court and the defense with documents of such application, led to objection from the defense, they asked for the files before making their submissions on Thursday. Judge Mtambo has ruled that the ruling on the matter will be made during another court session since the three day session this week is dedicated for the parading of the remaining state witnesses.

The invalidation of the bail for the defendants will lead to arrest of all the five suspects currently on bail.

One of the accused who is presenting himself, Raphael Kasambara expressed displeasure with the expression used by the state to refer the accused persons in this case as persons carrying out ‘clandestine mafia’

On Wednesday, the state paraded one of its remaining witnesses. A Dedza boarder officer, Griffin Tembo was making testimony on issues surrounding travel of McDonald Kumwembe to Mozambique during the period of Paul Mphwiyo’s shooting, his witness was to clear whether Kumwembe claim that he was not in Malawi at the time of Mphwiyo’s shooting is valid or not.

Lilongwe High Court Revokes Bail for Robert Kadzuwa, A Suspect In Mpwhwiyo Shooting

Prosecution Complained of Kadzuwa's Abscondment of Court Sessions   

High Court in Lilongwe has revoked a bail for Robert Kadzuwa one of the accused persons in the case of attempted murder of Malawi's former Budget Director Paul Mphwiyo for failure to appear in court proceedings for over three days.

The effect will lead to arrest of Kadzuwa who was not present at the court this Wednesday.

On Wednesday, when the High Court began three day sessions, a continuation of state witness parade in the case of the attempted murder of Mphwiyo following a month recess, Director of Public Prosecution (DPP) Mary Kachali made an application that Robert Kadzuwa's bail be revoked because he has stopped attending court proceedings since last month session.

Kadzuwa has been missing previous court session after an excuse that he wanted to attend funeral of his family member and failed to appear on Wednesday court proceedings.

Judge Michael Mtambo sustained the prosecution application which its effect will lead to arrest of Kadzuwa.

Robert Kadzuwa is being accused of attempted murder and conspiracy to commit murder of Paul Mphwiyo. He is being accused together with Raphael Kasambara, Pika and his brother Dauka Manondo, Oswald Lutepo and McDonald Kumwembe.