Mphwiyo Shooting Case: Kasambara Gets 13 Yrs, 26 For Manondo, Kumwembe

Kasambara gets 13 years for conspiracy 

Manondo and Kumwembe gets 26 years 

Former Justice Minister, lawyer, Raphael Kasambara has been sentenced to 13 years imprisonment for conspiracy while Pika Mandondo and McDonald Kumwembe have been sentenced to 26 years imprisonment for conspiracy and attempted murder of former budget director Paul Mphwiyo.

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.

Mpwhiyo Shooting Case: Kasambara Calls Guilty Verdict "Staged Justice"

Kasambara to make appeal

The third accused Raphael Kasambara has described the verdict by Justice Michael Mtambo as "staged justice" and expressed intentions to appeal.

Mphwiyo Schooting Case: Kasambara, Manondo, Kumwembe Found Guilty

Pika and Kumwembe being walked by police to
anti-riot vehicle 

Raphael Kasambara

The Lilongwe High Court has found guilty the Malawi’s former Minister of Justice, Raphael Kasambara together with co-accused Pika Manondo and McDonald Kumwembe on conspiracy and attempted murder of former Budget Director Paul Mphwiyo.

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

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 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: Kasambara, Kumwembe Bail Reinstated

Kumwembe

Kasambara 

Lilongwe High Court has reinstated bail of the first accused McDonald Kumwembe and third accused Raphael Kasambara in the case of attempted murder trial of Paul Mphwiyo.

The two applied to the court last month that being in prison, they were failing to interview their witnesses and also failing to defend themselves because they were denied access to computers and internet where they could use to do some research.

Through their application the accused also told the court that having stayed long in custody they have been more cooperative so far.

"This court finds that it is appropriate that the accused bail be restored to its original status and that bail conditions will remain the same to where it was when the ruling was made of the revocation of the bail." ruled Mkandawire

But he has given them two more conditions in addition to the original bail conditions

"The other condition is that the accused should not grant interviews to media and should also display interest to see the case continued undertake and hereby abide with court to proceed deligently as defending this matter and not undertake delaying tactics" ordered Justice Mtambo

The first accused who is regarded as the shooter, McDonald Kumwembe , bail was revoked some five months ago while the third accused bail was revoked some four and half months ago following bail revocation application by the Director of Public Prosecution (DPP) Mary Kachale that the accused were threatening the security of the Judge.

The first accused landed himself into prison following his application for the recusal of the Judge which revealed occasions of the Judge movements after a ruling which found him with case to answer was made.

While the third accused, a former Justice Minister, Raphael Kasambara bail was revoked on grounds that he was not showing interest to have the case concluded in good time through applications to have judge recused and that application made by the first accused was done by him.

The application to have their bail reinstalled was opposed by the state who argued by indicating that there were still threats to the Judge security.

However, when passing the ruling, Judge Michael Mtambo underlined that the overriding matter was to have he case concluded and not concerned over Judge security.

"This court is not concerned over the Judge Security matter because the issue of security is always is in God's hands, so the overriding matter is to see the case concluded in good time without any delays" said Mtambo before the ruling


"The accused persons remain innocent until they are found guilty and convicted" added Mtambo

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 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.

Cashgate Case: Savala Looking For Kasambara Replacement

Savala hunting for Kasambara replacement

The cashgate convict Caroline Savala has been left with no option but to look for a lawyer who can take up her case currently on mitigation stage.

This follows bail revocation to her Lawyer Raphael Kasambara by Lilongwe High Court on Wednesday morning. Kasambara found with case to answer on conspiracy in the attempted murder of former Budget Director Paul Mphwiyo has had his bail revoked after the High Court noted that he was not cooperative and has been breaching bail conditions.

During Wednesday sitting before Justice Fiona Mwale court, Savala who was vonvicted after full trial for money laundering to a tune of K84 million, has been asked to find another Lawyer who will represent her on 21st of October 2015 since her lawyer has now been taken into custody.

Kamudoni  Nyasulu

“What remains is if she finds a lawyer then they will close their plea mitigation, then the court will pass sentence” explains Kamudoni Nyasulu who is prosecuting the case

Caroline Savala is expected to parade two character witnesses; convict Leonard Kalonga and a Pastor

However Nyasulu did not hide to express his disappointment over delays in the case “This trial has taken a long time, we started in February 2014 and Prosecution closed its case in April 2014 but we are still struggling to finish.” He said

The court sat in the afternoon after morning adjournment as the defense lawyer, Raphael Kasambara was at that time not present for he was also attending to his trial in the court of Justice Michael Mtambo.

Last sitting of the present case, Savala was represented by emissary lawyer (agent) Tisilira Kaphamtengo as Kasambara was reportedly ill, suffering from high blood pressure. During that day, the agent lawyer did not cross examined Savala by admitting that he knows nothing about the case and applied that the convict be allowed to remain silent to questions that may incriminate herself.

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.