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 Case: Pika Parades Witnesses

Pika Manondo, second accused in the ongoing attempted murder trial of former budget director Paul Mphwiyo, has paraded his two witnesses.

The two witnesses are among a total of four witnesses for his defense.

Manondo called Kondwani Ndovi who 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 will continue to hear witness of Austin Chinseu man who is expected to tell more about places and times of Pika's whereabouts during the night of Mphwiyo shooting on September 13, 2013.

Meanwhile, Chinseu has told court that he met Pika at 11:10 pm at Chez-Mtemba club at Bwandilo in Area 47. He said he met Pika when he was getting out of the club.

State believes Pika was at the shooting scene around that hour and 12 midnight in Area 43.

Pika Manondo, McDonald Kumwembe and Raphael Kasambara are have case to answer in the attempted murder of former budget director Paul Mphwiyo 

Mphwiyo Shooting Case: Defense Ready To Finalise Testimony Next Month

The defense in the case of the attempted murder of former budget director Paul Mphwiyo has commited to finish giving defense testimony next month. 

Second accused, Pika Manondo is in his defense and the case has been adhourned to 18th and 19th April 2016 where court expect to hear from four witneses.

Director of Public Prosecution DPP Mary Kachale said State also believes that Defense is ready considering progress made so far.

“We have made significant progress because the defense has committed that the next sitting will be the last sitting on their part.” she said

Defense is expected to call four witnesses and hope to conclude in those two days.

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: Accused, Victim Still Friends As Pika Disclose Still In Contact

The attempted murder victim of September, 13, 2013, Mr. Paul Mphwiyo may still in constant contact with his three friends accused of his shooting.

This follows information from the second accused Mr. Pika Manondo during his cross examination with State that Mr. Paul Mphwiyo himself tipped him that State has prepared against him (Paul Mphwiyo) charged with an offense to do with Thuso, a South African Company which supplied equipment to Malawi Defense Force (MDF).

He disclosed this as he was denying presence at the shooting scene when Director of Public Prosecution (DPP), Mary Kachale put to him that he must have been available at the shooting scene as testified by the victim.

When Manondo was replying to the question about his presence at the scene he asked the State why it continues to trust Paul Mphwiyo’s testimony about his presence at the shooting scene yet the same state does not trust the victim as they charged him with two counts which one of it includes lying to Malawi Revenue Authority and the fresh charge involving Thuso.

When the state asked him to inform the court where he heard the information about the new charge Manondo disclosed that it was from Paul Mphwiyo himself.

However, the state denied any new charges being prepared against Paul Mphwiyo  and subsequently withdrew the statement regarding anything said do with the new charge a development which Pika said it was unfortunate for the state to say they don't know anything about this.

State has finished with Cross-examination of Pika and now his fellow two accused, McDonald Kumwembe and Ralphael Kasambara will cross-examining him.

After that it will be the witnesses for Pika Manondo. But the third accused will not testify and there is no indication that he will call witnesses.

If it goes normally, then state and defense will submit whether a case has been made out beyond the reasonable doubt.

Director of Public Prosecution Mary Kachale during cross-examination asked several questions around the call logs.

The state said the constant communications Pika had with fellow accused during the period of Mphwiyo shooting was questionable as this was not the case before the period in question but Pika denied the assertion and said there have been several instances where he was in constant communication with his friends way back and he even challenged the State to produce call logs for more than 9 months and try to analyze their communication.

He also denied his presence at Paul Mphwiyo residence during the shooting by replying “Why would a person hire a gun man and be at the scene?”

He informed court that after getting a phone call of Paul Mphwiyo shooting, he stopped drinking at Chez-Mtemba, and went home to sleep as he was at that time more than tipsy and around 6 am he travelled to Dedza.

But the state put on him that he travelled to Dedza together with McDonald Kumwembe to drop him there after their mission was accomplished.

The call logs indicates that Pika travelled to Dedza from Area 47 in Lilongwe. In Dedza the cell sites of both McDonald Kumwembe and Pika indicates they were both at Dedza market. But Pika was in few minutes traced going back to Lilongwe and showed that he traveled nearly 15 minutes from Chimbiya to Lilongwe and went to the Hospital so see his friend Paul Mphwiyo.

On his speeding, when state asked him if he is a person who speed he responded “depending on circumstances yes”

Pika at several question that were put on him including on his presence at the scene, or if he hired a gun man to shoot Paul Mphwiyo said “There is no evidence” and the state “will not produce any evidence that I was assigned for any job to shoot"

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: Pika, Kasambara Conversations Were On ‘Katapila’ Business

Kasambara and Pika exchanged çslls and texts on
Loan Shark 

The second accused Pika Manondo answering conspiracy and attempted murder of former budget director Paul Mphwiyo has told Lilongwe High Court on Thursday that constant communication he was in with former Justice Minister, Raphael Kasambara on the day Paul Mpwhiyo was shot, was doubtless an issue to do with ‘Katapila’ (money lending) business he had with Kasambara’s brother.

Pika, now in his defense was being cross-examined by the State on call logs which were last year analyzed by experts from Airtel mobile company. The prosecution was trying to let Pika clarify what his constant communication with the third accused, Raphael Kasambara answering conspiracy in the ongoing case was all about.

At first Pika told court that he was not able to recall his memory on exact issues discussed between him and Kasambara through number of calls and texts they constantly exchanged the day their friend, Paul Mphwiyo was shot.

However, it was when the Director of Public Prosecution (DPP) Mary Kachale was so inquisitive on some of the evening calls and text that led Pika recollected that probably the main discussions were around a business between him and Sylvester Kasambara, brother to third accused.

Without disclosing what that business was, he said, the third accused, Kasambara was key in the discussions of that business because Sylvester used to consult his brother Raphael on several issues of that business and therefore Kasambara was directly speaking to him (Pika).

After seeking permission from Judge if it was necessary to disclose the type of the business he was doing following keen curiosity by state, Pika simply but a bit shyly explained that it was that kind of business where one lends money out to someone desperately in need that assistance and in return one gets an interest. 

His explanation led court concluded that it was a Loan Shark an illegal money lending business locally known as ‘Katapila’ but, Pika said his business was a bit different from Katapila because he was charging lesser interest and attaching better conditions but could not remember amount of money he was lent out to Kasambara’s brother.

Pika told court that it was unregistered business and it never had a bank account a development which led Prosecution to ask him if he was aware that doing such business and especially without registering was against the law.

However, Kasambara stood to oppose strongly the DPP assetion that it was against the law to do business without getting registered. He said there are a lot of similar unregistered businesses being done in the country but are not regarded as illegal.

Kasambara gave an example of ‘Bank Mkhonde’ (community loans and savings) as one of the best example where people are trading business of lending money without being registered.

McDonald Kumwembe, first accused who is a suspected shooter in the case, also stood to protest against DPP’s inquisitive on Katapila issue instead of going straight to the matter relating to shooting.

“Ine ndimafuna kuuza bwalolino kuti ndikudabwa kuti kodi mchifukwa chiyani madame DPP akungolimbikira nkhani ya Katapila. Katapila akugwirizana chani ndi mulanduwu. Nkhani yakatapilayi ikungochedwetsa mlanduwu ikuti taitsa nthawi.”

The cross examination by state, continues this Friday 

Mphwiyo Shooting Case: Kasambara Could Not Wait For Ash Wednesday After Bail Reinstatement

Kasambara was greated by friends and
 family as he was coming out from
court rushing to
attend Ash Wednesday 

On Wednesday evening, former Justice Minister, Raphael Kasambara unreservedly supported the State motion to have the case hearing adjourned to Thursday as the time was over so that he goes to Church that evening to join fellow Catholics for Ash Wednesday Mass celebration.

Kasambara who is third accused with case to answer on conspiracy in the ongoing attempted murder trial of former budget director, supported the state to adjourn at 16:30 hours just almost two hours after his bail got reinstalled.

Catholics on Wednesday celebrated
Ash Wednesday 

Ash Wednesday is one of the most popular and important holy days in the liturgical calendar as it opens Lent, a season of fasting and prayer and takes place 46 days before Easter Sunday. Priests administer ashes during Mass as a visible symbol of penance. The ashes are made from blessed palm branches, taken from the previous year's palm Sunday Mass.

A Catholic faithful, Kasambara said “I would like to join Madame DPP (referring to the Director of Public Prosecution, Mary Kachale) that court adjourn this time because I have to go to church, today it’s Ash Wednesday.”

Kasambara stood to express his support for adjournment just after the State through DPP Mary Kachale who was at that time cross –examining second accused Pika Manondo had reminded court that it was 16:30 hours, time for adjournment.

However, Manondo prayed for an extension of time because he wanted his defense be concluded so that he can start to call his witnesses. Manondo said adjourning at that time would delay the case because more time has been lost already.

Although, Judge Michael Mtambo ruled in favour of State and the third accused person Kasambara, to adjourn hearing for this Thursday morning, Mtambo also concurred with Manondo that time is being wasted and remin;ded the court that there is need for progress.

“But we keep on losing time” he observed and advises all parties by reiterating that there is need for progress so that the case is concluded in good time especially to ensure that the defense of Pika is concluded this week.

The cross-examination of Pika continues this morning starting at 09:00 hours

The bail reinstallement also brought excitement among friends and relations of Kasambara

Mphwiyo Shooting Case: Prosecution No Problem With Bail Reinstatement Of Kasambara, Kumwebe

Kachale: state respects court decision 

The Prosecution in the ongoing attempted murder trial of former budget director Paul Mphwiyo says respects the decision of the court to release two accused persons, Raphael Kasambara and McDonald Kumwembe from prison after their bail was revoked some few months ago.

Kasambara finally walks home 

“As State, our role is justice and when it comes to the interest of justice, the custodians are courts and the guardians are the courts.” Says Director of Public Prosecution, Mary Kachale in an interview after the defense hearing adjournment on Wednesday evening

“We make submissions and the courts are the final arbiter, so when the courts has said at this time considering all the other factors the court has considered, the Judge is of the view that the interest of Justice now weigh in favour of releasing the accused persons because all this time the case has progressed so well that we are actually going to the final conclusion they can go so that they can start to prepare the defense outside. So, we believe the justice is even handed so we respect the decision of the court” she said 

Before adjournment on Wednesday, the state was cross-examining the witness of Pika Manondo who is now in his defense.

The State based its questions on the alleged People’s Party (PP) scheme of supporting weaker candidate to run presidential race in the Malawi Congress Party (MCP) in 2014 Tripartite Elections.

The state was mainly seeking Pika to clarify on number of money deposits that McDonald Kumwembe had earlier told the court that they were made by Pika as payment on the alleged scheme which they were masterminding through devising number of tactics. 

The state argued that the pay was not chiefly for the alleged MCP Convention plot regarding contradictory evidence being given by Pika and Kumwembe on the same deposits and therefore state consider that those payments were for another business known to the two.

Pika continues to deny knowledge of some of the deposits allegedly made by him. He only acknowledged one deposit which he said was pay to Kumwembe for related to the scheme of supporting weaker person from MCP.

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: 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: Mpinganjira Not Ready To Testify As His Summon Delayed

Brown Mpinganjira

On Thursday, Brown James Mpinganjira, failed to give testimony in the ongoing attempted murder case of former budget director Paul Mphwiyo because 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.

On Thursday morning, the former Mulanje Central Legislature, Mpinganjira, actually presented himself to court and held closed door meeting with both parties where he informed them that he never came to testify because court summons never reached him therefore he needed more time to spend with his lawyer since he was not ready to testify.

Chibwana

“What happened was that there was some kind of communication breakdown.” Explains Enock Chibwana, state advocate, “The one who was sent to Blantyre to give him the summon was "told that Mr. Mpinganjira lives in Mulanje and he did not travel to Mulanje to hand him the summon. Unfortunately, this information was never relayed to the court”

However, Chibwana said “Had he relayed the information that there was need to travel to Mulanje we would have done so. But since there is proof that he wasn’t served with the summons it is in the interest of justice that he should prepare himself before he takes stand”

 

Director of Public Prosecution, Mary Kachale informed court after the closed meeting with Mpinganjira that he will testify in the next sitting of court scheduled for  27, 28 and 29 January, 2016.

Later, in the day, Chief Secretary to the Government, George Mkondiwa who testified around ministerial engagements which Kasambara had starting on 13th September 2013 the day Paul Mphwiyo was shot and on 14th of September.

Mkondiwa replied to Kasambara during cross examination that "it would be surprising" to hear someone stating that on 13th September Kasambara was with Mphwiyo around 3pm following tesimony last year by his former nanny who claimed that on 13th September Kasambara was with Paul Mphwiyo who was later shot that night.

Later, the court heard testimony from Mercy Mwadiwa from Reserve Bank whose testimony concur with that made on yesterday by an economist Daniel Jenya that there was investigative meetings early September on suspicious rise in government expenditure immediately Paul Mphwiyo was appointed as budget director.

Paul Mphwiyo was shot the night of 13th September, 2013 while serving as budget director.

This unearthed massive plunder of public resources which led to number of arrests of public officers and business gurus.

Former Minister of Justice, Raphael Kasambara, is answering Conspiracy while two others, McDonald Kumwembe and Pika Manondo are both answering the same charge together with attempted 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.