Lutepo Nearly Run Over By Prison Vehicle After Delivering Testimony In Mphwiyo Shooting Case

Lutepo: pushing approaching vehicle with hand as
Officer comew quickly to his rescue 

 The ‘chief Cashgate’ convict Oswald Lutepo was narrowly run over by Malawi Prison vehicle which he was about to get into just after he had finished giving his testimony in the ongoing case of attempted murder of former budget director Paul Mphwiyo.

Lutepo just coming out of court

Lutepo was told to wait for the Prison Vehicle to pick him near 

court entrance

The incident was captured Wednesday evening outside Lilongwe High Court as he was about to start off to Blantyre, Chichiri Prison where he is serving his 11 year sentence, after appearing as witness for the defense of the first accused, McDonald Kumwembe.

The vehicle is finally here

Prison officer pushing Lutepo near the reversing vehicle

The driver of the prison vehicle was reversing so as to get close position of picking Lutepo into the car. Unfortunately, he moved beyond too close as the back of the vehicle got contact of Lutepo who sat on his wheelchair waiting for the reversing car to pick him.

Now drama begins

unexpectedly, the reversing vehicle getting so close

Lutepo attempted in a vain to push himself away from the slowly approaching vehicle in a bid to protect his life and he tried to rescue himself by using his right hand which was trying to push the back of the approaching vehicle.

Lutepo: pushing approaching vehicle with hand as
Officer come quickly to his rescue 

 But as some prison officers tried to make shouts, warning the driver to stop, another officer was seen quickly rushing save Lutepo by trying to push the wheelchair away from the vehicle.

Lutepo being taken into the vehicle that nearly run over him

That was great escape: Lutepo looked so calm after the incident

Fortunately, the driver heard the shouts and stopped the vehicle. He made a forward move which gave space for the officers to carry Lutepo into the car and start off back to Blantyre, Chichiri Prison where he is serving his 11 year sentence.

Lutepo taken into the car after people had watched the horror

Mphwiyo Shooting Case: Court Failing To Trace Brown Mpinganjira Home In Mulanje

The scheduled appearance of court witness, Evangelist Brown James Mpinganjira to testify on conspiracy and attempted murder trial of former budget director Paul Mphwiyo will not be possible this week as court says, they are failing to trace the permanent residence of him in Mulanje where they can hand him court summon.

One of the Court reporters told Judge Michael Mtambo that they attempted in vain to locate home of the former Mulanje Central legislature there in Mulanje district.

Former Cabinet Minister also former Vice President of Peoples Party (PP) in the South, Mpinganjira is wanted by court following his naming as one of then cabinet ministers of Dr. Joyce Banda who warned Mphwiyo that some irate individuals who were forcing him to authorise dubious payments have numbered his days to ten if he  continues to refuse to bow down to their demands.

Brown Mpinganjira matter also brought legal argument between Prosecution and Defense which took some minutes before Judge Michael Mtambo dismissed the conversation saying he was to make a ruling on the same.

Actually, the state were of the view that it was not proper for the defense to interfere with Court witness when third accused Raphael Kasambara told the court that he got a note from Brown Mpinganjira informing him that he has never received court summons.

But Kasambara maintained that there was never flouting of any legal procedure for receiving a note from the court witness.

The matter on Mpinganjira came just after man considered as "Chief" Cashgate convict, Oswald Lutepo had finished to testify as last witness of the first accused, McDonald Kumwembe.

Lutepo pictured with Dr. Joyce Banda

Some of major highlights in Oswald Lutepo testimony were  that former Deputy Inspector General of Malawi Police, Nelson Bophani forced him to change his statement recorded by police to one which could have implicated Raphael Kasambara as one who masterminded cashgate.

However, Lutepo denied that the former police IG had forced him to implicate Kasambara on issue of Paul Mphwiyo shooting.

Lutepo told first accused McDonal Kumwembe during cross-examination in chief that after his arrest he told police everything of his knowledge pertaining to cashgate.

But he said the deputy police IG, Bophani at one point arranged the meeting at Zomba Prison between him and the second accused Pika Manondo, so that the two should come up with framed claim that cashgate was masterminded by Kasambara but they both refused to do so.

He also denied that to the best of his knowledge and his involvement in cashgste, that he had transacted with Raphael Kasambara any business which was related to cashgate.

Asked about Paul Mphwiyo shooting, Lutepo told court that he was the person who had informed former President Dr. Joyce Banda of Paul Mphwiyo shooting just like he had done to the rest of Mphwiyo's friends.

He also explained that his best friend Paul Mphwiyo had in his house a desktop which was connected to the cctv camera's which were placed out side his house.

Now, second accused, Pika Manondo has entered his defense which will be continued this morning starting at 10 am.

Mphwiyo Shooting Case: Lutepo Says Former Police IG Bophani Forced Him To Fake Statement Against Kasambara

Oswald Lutepo has told Lilongwe High Court today, that former Deputy Inspector General of Malawi Police, Nelson Bophani forced him to change his statement recorded by police to one which could have implicated Raphael Kasambara as one who masterminded the calculated looting of public money at Capital Hill dubbed cashgate.

However, Lutepo has denied that the former police IG had forced him to implicate Kasambara on issue of  Paul Mphwiyo shooting.

Lutepo told first accused McDonald Kumwembe during cross-examination in chief that after his arrest he told police everything of his knowledge pertaining to cashgate.

But he said then deputy police IG, Nelson Bophani arranged meeting by between him and Pika Manondo the second at Zomba Prison, so that the two should come up with framed claim that cashgate was masterminded by Kasambara but they both refused to do so.

He also denied that to the best of his knowledge and his involvement in cashgste, he had transacted with Raphael Kasambara any business which was related to cashgate.

Asked about Paul Mphwiyo shooting, Lutepo told court that he was the person who had informed former President Dr. Joyce Banda of Paul Mphwiyo shooting and also mentioned that he was meant to believe that Paul Mphwiyo and Dr. Joyce Banda had a very good relationship.

He also explained that his best friend Paul Mphwiyo had in his house a desktop which was connected to the cctv camera's which were placed out side his house.

Now, second accused, Pika Manondo has entered his defense.

Mphwiyo Shooting Case: Lutepo Testimony Today

Case of Attempted murder of former Budget Director Paul Mphwiyo continues sitting this morning with testimony from Oswald Lutepo, man considered as ‘chief cashgate convict’

Lutepo is already in court sitting on his wheelchair and his appearance to day in court follows first accused, McDonald Kumwembe choice to pick Oswald Lutepo and dropping of former secretary to treasury Radson Mwadiwa as his witness.

Kumwembe on 14th January this year dropped Mwadiwa saying testimony of him had been addressed by other witnesses 

It was disclosed on that Thursday morning when the Court resumed sitting after a short break that Radson Mwadiwa who was outside the court waiting to enter the court room to testify would not do so as the first accused, McDonald Kumwembe had changed his mind and instead decided to call Lutepo during the next sitting of court which begins today 27th up to 29th January 2016.

The court directed that Lutepo will be the first witness to testify today.

Former minister and evangelist, Brown James Mpinganjira, who also failed to give testimony in the ongoing case is expected to give his testimony.

Last court sitting, Mpinganjira failed to testify because court summons which were sent by the registrars’ office never reached his hands.

Mpinganira, former People’s Party (PP) Vice President for the Southern Region was expected to stand in court before Justice Michael Mtambo to inform the court what he knows about the attempted murder of former budget director Paul Mphwiyo in September 2013. Judge presiding the ongoing case, Justice Michael Mtambo directed court that following evidence, it was necessary to call Mpinganjira whose name has been mentioned through ought. 

Victim, Paul Mphwiyo was first to name him when he told court that prior to his shooting former minister of information, Mpinganjira alerted him that people who are threatening him to make dubious payments had given him ultimatum of 10 days to live if he continues not to comply.

Former minister, Raphael Kasambara, Pika Manondo and McDonald Kumwembe are answering the charges of attempted and conspiracy to commit murder.

Mphwiyo Shooting Case: Kumwembe Picks Lutepo, Drops Mwadiwa As Witness

Kumwembe

Lutepo (middle) to testify 

Man considered ‘chief cashgate convict’ Oswald Lutepo has been added to the list of the first accused in the attempted murder trial of former budget director, Paul Mphwiyo and drop former secretary to treasury Radson Mwadiwa who was ready on Thursday to give testimony.

It was disclosed this Thursday morning when the Court resumed sitting after a short break that Radson Mwadiwa who was outside the court waiting to enter the court room to testify would not do so as the first accused, McDonald Kumwembe had changed his mind and instead decided to call Lutepo during the next sitting of court scheduled for 27th up to 29th January 2016.

Lutepo (left) with Joyce Banda

The court has since directed that Lutepo will be the first witness to testify during the next sitting days of the court. 

Director of Public Prosecution, Mary Kachale informed the court after both parties had a brief closed meeting that the defense has decided to drop Mwadiwa as witness and instead to call Oswald Lutepo.

In the day, Kumwembe paraded, Chief Secretary, George Mkondiwa and Mercy Kumbatira from Reserve Bank of Malawi.

Mkondiwa testimony dwelled much on third accused, former Justice Minister, Raphael Kasambara’s tasks on 13th September 2013, the day Paul Mphwiyo was shot and on 14th September 2013.

During cross-examination with Kumwembe, the Chief Secretary said on 13th September 2013, while working as Secretary in the Ministry of Foreign Affairs, he was at State House attending to the meeting on Lake Malawi mediation. He said on that day the country had received mediation leaders; former president of South Africa, Thabo Mbeki and former Mozambican President Joaquim Chissano. 

He indicated that the meeting which began at around 3pm and ended for an hour or so, was attended by former Minister of Foreign Affairs, Mganda Chiume and third accused, Raphael Kasambara who was then Justice Minister. He also said the following day, he went to Salima for a follow up meeting and same Ministers attended the meeting which ended at around 3pm because they took a late lunch.

During cross examination with third accused, Raphael Kasambara, Mr. Mkondiwa had replied "I will be surprised" when asked if someone would claim that on 13th September, 2013 Kasambara was home meeting with Paul Mphwiyo at around 4 or 5 pm. He further added that it would be surprising if someone claim that Kasambara’s son was on 14th September 2013 in Lilongwe at around 3pm since he saw that child in Salima with Kasambara.

Mkondiwa testimony further dispel testimony made by Kasambara’s former nanny who told court last year that on 13th September, 2013, Kasambara was home at around 4 or 5mp together with Paul Mphwiyo and that the following day, she went to Lilongwe Golf Club at noon hours with the child of Kasambara. 

After, Mkondiwa, came another witness, Mercy Kumbatira from Reserve bank of Malawi who gave testimony which is quite similar to what an economist from Ministry of Finance, David Jenya had presented on Wednesday.

The court has been adjourned to 27th January, 2016 where court is expected to meet for the next three days.

It is also expected that during the three day sitting, former cabinet Minister and politician, Brown James Mpinganjira will also appear to testify.

Meanwhile Judge, Justice Michael Mtambo has directed that the court will conclude the defense trial of McDonald Kumwembe and enter defense of second accused, Pika Manondo. 

He urged both parties to be “focused” and be “Straight to the point and not going around” issues.

Cashgate Case: Kalonga Bail Revoked

Lilongwe High Court 

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

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

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

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

Kalonga pleaded guilty and convicted of all three counts. 

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

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

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

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

Mary Kachale: Kalonga was recruiting fellow
workers

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

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

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

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

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

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

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

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

Cashgate Case: Justice Kachale Accept Recusal Application in Kasambara, Wapona Case

Justice Chifundo Kachale has recused himself from the Money Laundering case involving former Justice Minister and lawyer Raphael Kasambara together with four other persons including one of the renowned lawyer, Wapona Kita.

Kachale recusal on Monday follows two applications by first accused Raphael Kasambara and third accused Pika Manondo.

However, from the two applications the Court disallowed for lack of merit Mr. Pika Manondo’s application at the same time upheld request of the first accused, Raphael Kasambara. 

The suspects general fear, was the Judges relationship with the incumbent Director of Public Prosecution (DPP) Mary Kachale spouse to the judge. 

The two suspects argued that the relationship throws into serious doubt the impartiality of the court and raises question of bias and that the best thing was for the Judge to recuse himself for justice to manifestly seen to be done.

The letter dated 9th April 2015 signed by Ralphael Kasambara, the DPP (judge spouse) must be ultimately responsible in the case though it is being prosecuted by Mr. Enoch Chibwana. The application further pointed out that the present proceedings are closely associated with the trial before Justice Kapindu in Zomba involving one Oswald Lutepo which is being prosecuted by the DPP Mary Kachale.

In his application, Pika Manondo said cannot expect a fair trial before Justice Kachale court since there are allegations against his brother Dauka Manondo, purportedly for threatening the DPP.

When disqualifying Manondo application Justice Kachale said the observer application lacked pertinent aspects; not reasonable, fair-minded and had no adequate information. He added that the apprehension of bias itself was also not reasonable in the particular context.

“Applying the pertinent and legal principles to the present facts it is rather hard to appreciate the jurisprudential of logic of Mr. Pika Manondo’s application for my recusal” said Justice Kachale 

“It is rather difficult to appreciate how this fortuitous development impugns the integrity of these proceedings.

In the first place, my spouse is not presently involved in these proceedings, secondly the present proceedings are about Mr. Pika Manondo and his alleged in specific criminal acts. There is no suggestion that my family is pursuing some personal vendetta of some kind against him and his brother.” Argued Justice Kachale

“It is respectfully suggested that to grant that vexatious motion would actually undermine the integrity of the criminal justice system; hence it is declined.” he concluded

But Justice Kachale accepted to recuse himself from the case following arguments presented in the application of the first accused Raphael Kasambara which cited the linkage of the present case with that of Oswald Lutepo in Zomba.

“There can be no disputing the clear evidential link between this trial and the one before Justice Kapindu which is currently being prosecuted by Director of Public Prosecution herself.

“In fact that was the very reason why the state requested that this case should be postponed until the Zomba trial has been concluded-thus we are informed these two proceedings are closely related in some manner.” Observed Justice Kachale

He said “In all fairness, therefore I would be reasonable for an informed observer to question the impartiality of this court given the closeness of the ties with the officer prosecuting the other associated case in Zomba; on that strict basis alone my court would not insist on presiding over this case.”

For the avoidance of any doubt Justice Kachale said “had the other trial before my brother Justice Kapindu been prosecuted by anyone else from office of the Director of Public Prosecutions (Other than the incumbent who is also my spouse) the present application would have failed”

Following Justice Chifundo Kachale recusal in this case, the Registrar of High court will re-assign the case to another judge but the suspects will remain on bail.

Raphael Kasambara, Wapona Kita, Pika Manondo, Oswald Flywell Lutepo, Roosevelt Franklin Ndovi, and Fletcher Arnold Kaizo are accused persons in this case.

Among other charges in the case, the suspects were charged with found in possession of proceeds of crime: eleven motor vehicles and K5.616 billion (five billion and six hundred and sixteen million nine hundred and eighty one thousand) which they knew or had reason to believe represented in whole or in part directly or in directly stolen money.

Kasambara, Wapona Kita and Manondo are also answering a charge of being found in possession of K55 million suspected of being stolen.

Read full text of Judge ruling and background of the issues here Chifundo Kachale recusal on case involving Kasambara, Wapona and others

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.

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.

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.

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.