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.

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.