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: Court Sets April 28 Day To Determine If Suspects Have Case To Answer Or Not

• Judge Tips State To Prepare Incase  Someone Has A Case To Answer 
• Oral submissions on 21 April 

The state in the case of shooting of former Budget Director Paul Mphwiyo has reached to a conclusion of parading its witnesses on Friday. The court which judge Justice Michael Mtambo is presiding the case has already set dates for submissions on case to answer or no case to answer and ruling on the same.

The court has set on 21st April, 2015 as date which all parties are to make their submissions on whether the six accused persons have a case to answer or not.

On 27th April, 2015 the court will convene to hear oral submissions and the following day on 28th April, 2015 the judge will make the ruling of whether to discontinue the case if no one found guilty or if there is a suspect or all suspect have case to answer.

The Judge has already tipped the state to get prepared now in case someone would have a case to answer. Judge Michael Mtambo said this would help the court not to be delayed but to begin trials immediately after the ruling is made. 

Meanwhile, the case has been adjourned to 27th April 2015 where all parties shall make oral submissions.

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

• The application Was Withdrawn Following Chalunda’s Change of Testimony

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

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

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

But on Thursday morning, the State had withdrawn application to revoke bail for all suspects when a “hostile witness” Charles Chilunda changed his testimony.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

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

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

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

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

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

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

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

• They feel they have been inhuman degraded

Dauka Manondo and Robert Kadzuwa in handcuffs

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Lutepo Likely To Be Acquitted In Mphwiyo Shooting Case...

• Lead Investigator Says Lutepo Was A Mistaken Identity

• The person who named Lutepo changed evidence 

Oswald Lutepo, one of the six suspects in the ongoing case of Attempted Murder and Conspiracy to Commit Murder of former Budget Director Mr. Paul Mphwiyo is likely to be acquitted by the Lilongwe High Court if what the lead investigator Kankhwala Chilinda told the court Wednesday morning is to go by.

The court was continuing with cross examination of Chilinda a lead investigator in this case and was being questioned of several issues pertaining to how he used every lead in the case immediately after taking up the role of an investigator to find who and what led to the shooting of Paul Mphwiyo on 13th September, 2013.

Immediately, as one of the suspect and self represented lawyer in this case, Raphael Kasambara had finished cross examination with Chilinda, it was time for Oswald Mtupila, lawyer for Oswald Lutepo who has been missing court appearances due to his health condition.

Mtupila went straight to ask Chilinda to confirm his earlier statement that Lutepo was found on Mphwiyo suspects list by a mistake made by as state witness who tipped off the police as they were carrying out investigations.

Chilinda confirmed before Lilongwe High court that Lutepo was a mistaken identity as it was confirmed by Charles Chalunda a state witness who was later convicted and charged of perjury by Zomba court in a same case.

"You investigated the case and you are telling the court that the person who informed you, about Oswald Lutepo later informed police that he made a mistake to mention Mr. Lutepo's name in the first place. And corrected that the right name was Pika Manondo, so there is no any other evidence apart from the one told you. Is that right?" asked Mtupila and got "Yes" reply from Chilinda.

Then, Mtupila made a prayer to Judge Justice Michael Mtambo that since there is no evidence against Mr. Lutepo's involvement in the Mphwiyo shooting, there is no purpose for Mr. Lutepo to be included in the case, therefore his client be extracted from the charge sheet.

However, justice Mtambo said Mtupila's request would be considered during the time when parties in the case will be making submissions on case to answer or not.

Earlier, Kankwala Chilinda said as an investigator did not consider sentiments made by former president Dr. Joyce Banda in Lunzu, Blantyre of her knowledge of persons who shot Mphwiyo a right lead to trace who carried out the shooting.

When Chilinda was asked by Kasambara reasons why the investigator had skipped authentic evidence publicly made by the "clean source who happened to be Commander In Chief of Malawi Police" at Lunzu, Chilinda said former president remarks were considered as not a right lead on Mphwiyo shooting incident because such remarks were made by a person who always gets information from police officers.

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

Dauka Manondo& Robert Kadzuwa in handcuffs

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Prosecution Complained of Kadzuwa's Abscondment of Court Sessions   

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

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

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

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

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

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