Mphwiyo Shooting Case: Mphwiyo Appointment Came With Surprises-Jenya

An economist from Ministry of Finance, Daniel Jenya has told Lilongwe High Court on Wednesday that he noted excessive Government expenditure beginning first month of Paul Mphwiyo appointment as budget director which led to internal investigations of the cause.

Jenya is another witness of first accused, McDonald Kumwembe a suspected shooter in the ongoing case of attempted murder of Paul Mphiwyo. Kumwembe is answering the case together with former Justice Minister, Raphael Kasambara and Pika Manondo.

The witness told the court that in 2013, he was working in the Ministry at Macroeconomic Policy Unit where he was among others, responsible for, compilation, analysis fiscal tables.

When asked by the first accused on what happened immediately when Paul was appointed as budget director, Jenya said he observed unusual rise in the Government monthly expenditure of below K40 billion exceeding levels in months of July and August alone which raised eyebrows of officials from Ministry of Finance.

He said the expenditure in the month of July unexpectedly went up from below normal expenditure to 55 billion while the month of August it went up to K75 billion.

He testified that, he had at one point spoke to Paul Mphwiyo of the development but his response seem he was as well surprised, but, was quick to question why there was no inflation if Government expenditure had exceeded its ceiling between those months.

He said this forced officials including those from Reserve bank of Malawi, Treasury and Ministry of Finance to hold several meetings in order to determine the cause.

It was through one of the meetings he said, where he learnt that there were huge payments made to the Malawi Defense Force (MDF) and during that meeting Mphwiyo acknowledged such expenditure a development which did not only surprise him knowing that the same Mphwiyo had earlier expressed ignorance of where the expenditure came from but as well that such expenditure was never budgeted for.

Jenya said he learnt from the meeting that the MDF expenditure was for the procurement of equipments for Peace Keeping mission and arms. 

However, he pointed out that the meeting agreed that the RBM would send the Treasury and Accountant general, images of cheques above K50 million for the accountant general to reconcile with their expenditures. But he said the images were provided the following day of the meeting and such reconciliation was never done and that the meeting had also raised the issue of porous financial system.

Jenya said he noted from the images of cheques that there were huge payments from Office of the President and Cabinet (OPC) to International Procurement Services and that in Malawi Defence Force there was several cheques printed on the same dates to the same supplier.

He also told court that at one point it came to be known in the meetings’ that even the Ministry of Information had exceeded its expenditure from appropriated K307 million to K5.3 billion between July and early September.

He said Mphwiyo was shot as the investigations into the expenditure were continuing.

Jenya said he grew suspicious of Paul Mphwiyo appointment as budget director in May for the subsequent immediate and unusual enormous public appraisal about him through media articles yet the post is a low profile.

He also told Court that it surprised him to hear from radio that President Joyce Banda had publicly defended Paul Mphwiyo by pronouncing that the young budget director was possibly shot because his assailants were enraged by his actions of trying hard to seal all financial loopholes in Government, a statement Jenya believes should have either been made by Mphwiyo’s office or the ministry of information.

The second part of the testimony was heard in camera as the Prosecution deemed part of the testimony as sensitive since it involved issues of tenders of supplying arms to Malawi Defense Force.

Another Government officer who happened to be Jenya's boss Mr. Juwawo also his testimony was heard in camera.

Mphwiyo Shooting Case: Kasambara Former Chauffer Contradicts Housemaid Testimony

Chauffer of then Justice Minister, Raphael Kasambara testimony before Lilongwe High Court on Tuesday, denys’ witness of a former housemaid of Kasambara on events that took place a day after Paul Mphwiyo was shot.

The driver, Fostino Chimwaza told the court that in the morning of 14th September 2013, went to Kasambara’s house and found Mercedez Benz silver in color parked in front of Kasambara’s house contradicting last year testimony of Jessie Mussa, former housemaid of Kasambara who informed court that the very same day, that vehicle was hidden parked behind Servant Quarters and it had its number plates removed. 

The former driver also told court that that morning he drove wife of Kasambara to Kasungu opposed to former housemaid claim that on that day she was with Kasambara’s wife at Lilongwe Golf Club and that while there, Kasambara’s wife told her that the man she saw at home the previous day evening is Paul Mphwiyo and has been shot.

However, the driver’s testimony indicates that with Kasambara’s wife he spent whole day in Kasungu attending burial of nephew to the country’s then First Gentleman, Richard Banda (husband to former president Dr. Joyce Banda). 

He said, they arrived back in Lilongwe around 6 pm and that it could have not been possible for Kasambara’s wife to go to Lilongwe Golf Club with her child and the housemaid.

Former Justice minister, Raphael Kasambara is answering charge of conspiracy of attempted murder of former budget director Paul Mphwiyo on 13th September 2013. While Pika Manondo and McDonald Kumwembe are answering the same charge together with the charge of attempted murder.

The former housemaid was also on record in her last year testimony that she saw on 13th September 2013 the man who was later revealed to her as Paul Mphwiyo arriving at Kasambara’s house with a bag which contained huge sums of money.

She further told court that she was unceremoniously fired by Kasambara and while on her way home, she got a phone call from Kasambara’s wife warning to zip her mouth on what she saw at Kasambara’s house and anything related to Paul Mphwiyo shooting because Kasambara was not involved in the shooting.


Arms Deal And Government Plot Against Kasambara

Dauka (in black shirt and drinking water)

Earlier the court heard astounding testimony from Dauka Manondo who was acquited in the case saying the Paul Mphwiyo shooting is related to arms deal and that the interest of Government in the case is only to bay for blood of Raphael Kasambara.

Dauka disclosed to Lilongwe High court that his brother Pika Manondo together with Paul Mphwiyo had a deal of supplying ammunition to the Malawi Defense Force. He said his brother travelled together with Mphwiyo to South Africa on 6th September and came back on 10th September 2013 (according to Pika travel documents) for the said arms deal and he returned three days before the shooting.

He explained during examination by his brother Pika who is representing himself that on 14th September 2013 him (Dauka) called his brother Pika if he knows who might be the shooter and possible reason.

"I asked you (Pika) who do you think has shot Paul Mphwiyo, you answered that this was probably the issue related to the arms deal and that the person had wanted money." Said Dauka

Paul Mphwiyo was shot at the gate of his house in area 43 around midnight of 13th September 2013.

Dauka explained that him as close friend to Paul Mphwiyo is aware of security cameras at Paul Mphwiyo residence which were functional and could have captured the shooting incident at his gate.

But when Pika asked Dauka if during his arrest he ever tried to tell Police to check on security cameras Dauka replied  he did and was told that "they were only interested in financier of the shooting as they already knew who shot" and about CCTV they just laughed before saying "they know it" and disclosed that this was said by the police officer named Maurice Makwinja.

He then disclosed that after his bail, he was called to Kanengo police, by Maurice Makwinja. He said Makwinja told him, that, then Director of Public Prosecution (DPP), Bruno Kalemba wanted to meet him but he refused "because I was so bitter with my arrests"

He then said he was told that "I will and you (Pika) suffer because we are not cooperative to be state witness against Kasambara who Kalemba was after for"

During questioning by Kasambara, Dauka repeated that he refused to meet Bruno Kalemba because he was very bitter, since Kalemba "wanted me to be witness to testify against you and convince Pika to testify against you as they said you were the main target"

Mphwiyo shooting Case; Kumwembe Wants Friday Jumbe As Kasambara Goes To Supreme Court Again

Mcdonald Kumwembe suspected shooter in the attempted murder of former Budget Director Paul Mphwiyo, has asked court to summon to court Mr. Friday Jumbe, former Minister of Finance as his witness.

Kumwembe also mentioned former Peoples Party spokes person, Patrick Gada and Robert Asumi to be among the list of his witnesses. 

The accused however, rescinded his earlier decision to have two policemen, Mr. MacLean and Mr. Thengo in court as witnesses because of the nature of their job. 

Towards the end of hearing of the case on Friday, there was bail application from Raphael Kasambara of which the ruling by Judge Michael Mtambo will be delivered to towards the week ending on 18th December 2015 through emails.

Kasambara served the court with notice that he is once again appealing to the Supreme Court of Appeal, now to a panel of three judges after his first attempt which was presided by a single judge got dismissed.

The High Court revoked bail of Kasambara over noncompliance to his bail conditions and he appealed the decision to the Supreme Court before a single judge but it was dismissed.

The Court Sets 4th and 5th January 2016 as dates for the continuation of the case.

The defense hearing resumed sitting on Thursday, 10th December till afternoon of Friday, 11th December 2015 at Lilongwe High Court. On Thursday the State continued and finished to cross-examine First Accused McDonald Kumwembe after which Raphael Kasambara started cross-examining the witness up to Friday.

However during cross examination by Kasambara who is the third accused in the case, Kumwembe told the court that the state has no evidence linking him to the shooting as there is nowhere in all the 3 affidavits that were among the people former budget director Paul Mphwiyo had mentioned in all his three caution statements.

Kumwembe is the first accused in the Mphywiyo shooting case to enter defense. He was charged together with Pika Manondo of Attempted Murder and Conspiracy to Commit Murder of Formwe Budget Director Paul Mphwiyo while Raphael Kasambara is answering one count of Conspiracy to Commit Murder.

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: Kasambara Bail Revoked For Breach Of Bail Condition

Kasambara on police escort 

High Court Judge Michael Mtambo revokes bail of Raphael Kasambara suspect in the Paul Mphwiyo attempted murder for failure to comply with the court bail conditions. 

His bail has been revoked of his conduct, infringement of privacy of the Judicial Officers by sourcing private documents especially of presiding judge Michael Mtambo and judge who recused her self in the case Justice Esme Chombo. The bail has also been revoked after the court also established that in his conduct, Kasambara had also infringed security of the Judicial officers. 

Kasambara walking to police vehicke 

Kasambara looked relaxed as he walked for
Maula prison 

The revocation follows Judge Michael Mtambo order that parties should submit on whether the court can of its own motion review the bail status Kasambara on failure to comply with the court bail conditions after it was learnt that McDonald Kumwembe the first accused had admitted to the court that Kasambara helped him to identify the CV which he alleged to have received from a well wisher.

He was on heavy police escort 

He was talking to reporters and police officers 

In the application of motion by first accused, McDonald Kumwembe seeking judge recusal, attached two letters: one which was found to be contemptuous and another letter which he alleged to be the CV of the presiding Judge. He told the court that after accessing the CV he took it to Raphael Kasambara who laughed upon seeing it and then confirmed to him that it belonged to the presiding Judge. The application also claimed that Judge Michael Mtambo requested for more security after delivering his ruling on whether the accused persons had case to answer or not. 

His bail revocation attracted alot of attention 

In his ruling, the Judge agreed with the state application that there was sufficient evidence to revoke bail of Kasambara. 

The Judge said it was apparent that Kasambara aided Kumwembe in several occasions on matters relating to the present case including filing of application for judge recusal looking at how Kumwembe had displayed in several occasions his ignorance of contents of the letter. During cross examination of his application, Kumwembe seemed to have difficulties to understand contents of his well written application by opting to have a court translator, failure to describe who Robin Hood was and to give meaning of Kangaroo Court cited in his application. 

The Judge further indicated that Kasambara had the possession of the alleged CV earlier on because he was the first to mention the alleged CV in court before Kumwembe had applied for Judge recusal. 

"The third accused (Kasambara) did not show cooperation after the ruling of case to answer was made" added the judge who further indicated that his earlier applications for judge recusal for presiding judge was delaying the case. 

After bail revocation ruling, the Judge also refused application by Kasambara that the revocation be Stayed up to Friday this week because he was required to attend to private matters on Thursday. 

But the judge argued that there was nothing cited of reasons for Stay of the bail revocation order: "The order of bail revocation remains intact" said the judge 

However, the judge has turned down state application to revoke bail of Kumwembe since he is already in police custody after his application letter was ruled contempt of court

Raphael Kasambara was found with case to answer on conspiracy to murder former budget director Paul Mphwiyo while McDonald Kumwembe and Pika Manondo were found with case to answer on attempted murder and conspiracy.

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.

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 Sent To 4 Months In Prison for Sarcasm Letter

McDonald Kumwembe suspected to be a shooter in Paul Mphwiyo attempted murder case has been sentenced to 4 months imprisonment for contempt of court. 

Presiding judge Michael Mtambo found Kumwembe in contempt of court following his letter which the judge described Kumwembe as being sarcastic, rude and demeaning the judge. 

Kumwembe made an application for Judge recusal for the possibility of bias. But in his letter the judge said Kumwembe had at one point likened the judge to a thief. 

"You are the modern day Robin Hood" said Kumwembe in his appication

A former Malawi Defense Force, Kumwembe who is representing himself in the present case, accepted his offense when the court had asked him if he accepts that his letter was sarcastic. 

He also failed to cite a close which defends him from being sent to prison for six months. He also pleaded for leniency saying this was his first time to offend the court.

The Lilongwe High Court is continuing with hearing on Kumwembe application for judge recusal where the state is accusing Kumwembe of following the judge and that his application was not his but he is being used by Ralph And Arnold's Associate. 

The state is also accusing Kumwembe of bleaching Judge's privacy by distributing judge CV which Kumwembe claims he got it from a well wisher. 

Kumwembe is being accused together with Raphael Kasambara,  and Pika Manondo

More updates on this issue very soon 

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. 

Mphwiyo Shooting Case: Am Impartial Justice Mtambo Tell Kasambara

Justice Michael Mtambo has explained reasons why he refused to grant Raphael Kasambara an application that the judge hearing the case of attempted murder and conspiracy to commit murder of former budget director Paul Mphwiyo, recuse himself from hearing the case.

Kasambara found with case to answer and self represented lawyer in the case made an application that judge Justice Michael Mtambo should recuse himself from hearing the case.

He cited that Mtambo in his ruling on case to answer or no case to answer had brought issues that were not testified by the witnesses. He added that the judgment which saw three others being acquitted from the case had predetermined issues that would make the judge use in his final judgment and the judge seem to be siding with the prosecution.

However, justice Mtambo said, he remains professional and that he cannot take side. Mtambo also mentioned that his judgment of case to answer or no case to answer Kasambara was favored as the judge dropped him from the case of attempted murder. 

The case has been adjourned to 24th July 2015 following defense application that the court produce court records of the witnesses to enable them ably prepare for the defense.

On House Keeping, the court also agreed that the same date the defense shall tell the court if the accused are going to testify or remain silent. If they are going to testify the defense shall also be expected to inform the court if they are going to testify alone or are calling witnesses (This is in the view of the law which requires that it is not automatic that the person accused in the crime would testify in defense (right to remain silence))

Raphael Kasambara is one of the suspects in the case together with McDonal Kumwembe and Pika Manondo answering attempted murder of Paul Mphwiyo. Three others; Dauka Manondo, Robert Kadzuwa and Oswald Lutepo were acquitted after being found with no case to answer.

Judge Recusal Application by Kasambara Refused

The High Court in Lilongwe has refused an application to force Justice Michael Mtambo Recuse himself from presiding attempted and conspiracy to commit murder case of former budget director Paul Mphwiyo in 2013.

Application made by Raphael Kasambara, a lawyer and accused in the conspiracy to commit murder has been refused and ruling details to be made this Friday.

Mtambo said he has no reason to recuse himself placing confidence in his ability to remain impartial adding that he did not find reasonable grounds on which to base the perception by Kasambara that he will be bias.

Immediately the judge refused the application, Kasambara expressed interest to challenge the decision to the Supreme Court of Appeal.

This further brought an argument where the state had position that the matter is not at appoint that defense should appeal to Supreme Court as the decision was not final order while Kasambara argued that there are authority cases to prove that what the judge had pronounced was a final order.

Both state and defense have submitted their position and the ruling is expected this Friday.

Come Friday, Judge Michael Mtambo will make two rulling, on full detailed reasons for the court Dismissal of refusal of recusal and then on whether the judge ruling is an order which can be appealed against or not.

On Wednesday Michael Mtambo also dismissed stay application made by Kasambara as he takes the matter to the Supreme Court.

Kasambara wants judge Michael Mtambo to recuse himself from the case citing that the the ruling on case to answer, the judge had predetermined issues that should have been decided at the end of judgement of the case, a development which according to the accused fears that the judge may use the same during final judgement.

During last court session Kasambara further mentioned that there is apparent bias and that Judge Mtambo is too involved siding with prosecution.

Kasambara says Mtambo for introduced “extraneous judicial information” such as Cashgate and predetermining the guilt of the accused persons without evidence during his ruling on whether the accused had a case to answer. Kasambara also wondered where the judge got evidence that there was ‘Cashgate’ between the two when Mphwiyo, in his testimony, had denied any involvement in Cashgate and that his role as budget director did not put him directly responsible for making payments.

Kasambara answering conspiracy to commit murder is in the case together with two other persons McDonald Kumwembe and Pika Manondo are answering attempted murder charges and the case is in defense trials.

The state also made its submissions that there cannot be an appeal in this matter on the recusal because what the judge pronounced was not a final judgement. But Kasambara maintains no saying the state position that this is not a final judgement is wrong, there are authorities that he knows which say that his is final order.

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.

LL High Court Rejects State Application To Revoke Bail For Mphwiyo Shooting Suspects

The state application to revoke bail of all suspects accused of attempted murder and conspire to commit murder of former budget director Mr. Paul Mphwiyo has been rejected by the court.

The Lilongwe High Court has on Monday evening rejected a state application made last month asking Justice Michael Mtambo to nullify bail of suspects following alleged interference with and threats to state witnesses.

However, Justice Mtambo said though there was an audio affidavit where two state witnesses claimed to have been threatened but observed that they lacked definitive identification of the one who was issuing such threats.

The Judge says, the court finds no evidence or probability of threat hence rejection of the state application 

Apparently this rejection will have an impact to the court determination of the judgement on Wednesday of whether to continue or discontinue the case considering that the state has for all along emphasising that its key state witnesses including Charles Chalunda were interfered with and threatened.

Justice Mtambo is expected to make a judgement on Wednesday whether the accused have case to answer or not.

Former Justice and Constitution Affairs Minister, Raphael Kasambara who is representing himself, Pika and his brother Dauka Manondo, McDonald Kumwembe, Oswald Lutepo and Robert Kadzuwa are the suspects in this case.

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.

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.