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.
