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.

Mphwiyo Shooting Case: Former Minister Mpinganjira Appearing At LL Court Today

Mpinganjira

Brown James Mpinganira, former People’s Party (PP) Vice President for the Southern Region is appearing at Lilongwe High Court today in the ongoing case of attempted murder of former budget director Paul Mphwiyo.

The former Mulanje Central Legislature who also served as cabinet Minister for previous regimes was subpoenaed by the court when Judge Presiding the Case, Justice Michael Mtambo said Mpinganjira was needed in court according to the evidence being presented in the case.

Now the former PP member, Mpinganjira, was named by Paul Mphwiyo that he was then cabinet minister who warned him that his days have been numbered if he does not wish to comply to demands being made by those pressuring him to make dubious payments.

Unlike, yesterday court proceedings where some witnesses were held in camera since they involved issues of Malawi Defense Force equipments, Mpinganjira’s witness will be in an open court says Director of Public Prosecution Mary Kachale.

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: Mphwiyo Appointment Came With Surprises-Jenya

An economist from Ministry of Finance, Daniel Jenya has told Lilongwe High Court on Wednesday that he noted excessive Government expenditure beginning first month of Paul Mphwiyo appointment as budget director which led to internal investigations of the cause.

Jenya is another witness of first accused, McDonald Kumwembe a suspected shooter in the ongoing case of attempted murder of Paul Mphiwyo. Kumwembe is answering the case together with former Justice Minister, Raphael Kasambara and Pika Manondo.

The witness told the court that in 2013, he was working in the Ministry at Macroeconomic Policy Unit where he was among others, responsible for, compilation, analysis fiscal tables.

When asked by the first accused on what happened immediately when Paul was appointed as budget director, Jenya said he observed unusual rise in the Government monthly expenditure of below K40 billion exceeding levels in months of July and August alone which raised eyebrows of officials from Ministry of Finance.

He said the expenditure in the month of July unexpectedly went up from below normal expenditure to 55 billion while the month of August it went up to K75 billion.

He testified that, he had at one point spoke to Paul Mphwiyo of the development but his response seem he was as well surprised, but, was quick to question why there was no inflation if Government expenditure had exceeded its ceiling between those months.

He said this forced officials including those from Reserve bank of Malawi, Treasury and Ministry of Finance to hold several meetings in order to determine the cause.

It was through one of the meetings he said, where he learnt that there were huge payments made to the Malawi Defense Force (MDF) and during that meeting Mphwiyo acknowledged such expenditure a development which did not only surprise him knowing that the same Mphwiyo had earlier expressed ignorance of where the expenditure came from but as well that such expenditure was never budgeted for.

Jenya said he learnt from the meeting that the MDF expenditure was for the procurement of equipments for Peace Keeping mission and arms. 

However, he pointed out that the meeting agreed that the RBM would send the Treasury and Accountant general, images of cheques above K50 million for the accountant general to reconcile with their expenditures. But he said the images were provided the following day of the meeting and such reconciliation was never done and that the meeting had also raised the issue of porous financial system.

Jenya said he noted from the images of cheques that there were huge payments from Office of the President and Cabinet (OPC) to International Procurement Services and that in Malawi Defence Force there was several cheques printed on the same dates to the same supplier.

He also told court that at one point it came to be known in the meetings’ that even the Ministry of Information had exceeded its expenditure from appropriated K307 million to K5.3 billion between July and early September.

He said Mphwiyo was shot as the investigations into the expenditure were continuing.

Jenya said he grew suspicious of Paul Mphwiyo appointment as budget director in May for the subsequent immediate and unusual enormous public appraisal about him through media articles yet the post is a low profile.

He also told Court that it surprised him to hear from radio that President Joyce Banda had publicly defended Paul Mphwiyo by pronouncing that the young budget director was possibly shot because his assailants were enraged by his actions of trying hard to seal all financial loopholes in Government, a statement Jenya believes should have either been made by Mphwiyo’s office or the ministry of information.

The second part of the testimony was heard in camera as the Prosecution deemed part of the testimony as sensitive since it involved issues of tenders of supplying arms to Malawi Defense Force.

Another Government officer who happened to be Jenya's boss Mr. Juwawo also his testimony was heard in camera.

Mphwiyo Shooting Case: Kasambara Former Chauffer Contradicts Housemaid Testimony

Chauffer of then Justice Minister, Raphael Kasambara testimony before Lilongwe High Court on Tuesday, denys’ witness of a former housemaid of Kasambara on events that took place a day after Paul Mphwiyo was shot.

The driver, Fostino Chimwaza told the court that in the morning of 14th September 2013, went to Kasambara’s house and found Mercedez Benz silver in color parked in front of Kasambara’s house contradicting last year testimony of Jessie Mussa, former housemaid of Kasambara who informed court that the very same day, that vehicle was hidden parked behind Servant Quarters and it had its number plates removed. 

The former driver also told court that that morning he drove wife of Kasambara to Kasungu opposed to former housemaid claim that on that day she was with Kasambara’s wife at Lilongwe Golf Club and that while there, Kasambara’s wife told her that the man she saw at home the previous day evening is Paul Mphwiyo and has been shot.

However, the driver’s testimony indicates that with Kasambara’s wife he spent whole day in Kasungu attending burial of nephew to the country’s then First Gentleman, Richard Banda (husband to former president Dr. Joyce Banda). 

He said, they arrived back in Lilongwe around 6 pm and that it could have not been possible for Kasambara’s wife to go to Lilongwe Golf Club with her child and the housemaid.

Former Justice minister, Raphael Kasambara is answering charge of conspiracy of attempted murder of former budget director Paul Mphwiyo on 13th September 2013. While Pika Manondo and McDonald Kumwembe are answering the same charge together with the charge of attempted murder.

The former housemaid was also on record in her last year testimony that she saw on 13th September 2013 the man who was later revealed to her as Paul Mphwiyo arriving at Kasambara’s house with a bag which contained huge sums of money.

She further told court that she was unceremoniously fired by Kasambara and while on her way home, she got a phone call from Kasambara’s wife warning to zip her mouth on what she saw at Kasambara’s house and anything related to Paul Mphwiyo shooting because Kasambara was not involved in the shooting.


Arms Deal And Government Plot Against Kasambara

Dauka (in black shirt and drinking water)

Earlier the court heard astounding testimony from Dauka Manondo who was acquited in the case saying the Paul Mphwiyo shooting is related to arms deal and that the interest of Government in the case is only to bay for blood of Raphael Kasambara.

Dauka disclosed to Lilongwe High court that his brother Pika Manondo together with Paul Mphwiyo had a deal of supplying ammunition to the Malawi Defense Force. He said his brother travelled together with Mphwiyo to South Africa on 6th September and came back on 10th September 2013 (according to Pika travel documents) for the said arms deal and he returned three days before the shooting.

He explained during examination by his brother Pika who is representing himself that on 14th September 2013 him (Dauka) called his brother Pika if he knows who might be the shooter and possible reason.

"I asked you (Pika) who do you think has shot Paul Mphwiyo, you answered that this was probably the issue related to the arms deal and that the person had wanted money." Said Dauka

Paul Mphwiyo was shot at the gate of his house in area 43 around midnight of 13th September 2013.

Dauka explained that him as close friend to Paul Mphwiyo is aware of security cameras at Paul Mphwiyo residence which were functional and could have captured the shooting incident at his gate.

But when Pika asked Dauka if during his arrest he ever tried to tell Police to check on security cameras Dauka replied  he did and was told that "they were only interested in financier of the shooting as they already knew who shot" and about CCTV they just laughed before saying "they know it" and disclosed that this was said by the police officer named Maurice Makwinja.

He then disclosed that after his bail, he was called to Kanengo police, by Maurice Makwinja. He said Makwinja told him, that, then Director of Public Prosecution (DPP), Bruno Kalemba wanted to meet him but he refused "because I was so bitter with my arrests"

He then said he was told that "I will and you (Pika) suffer because we are not cooperative to be state witness against Kasambara who Kalemba was after for"

During questioning by Kasambara, Dauka repeated that he refused to meet Bruno Kalemba because he was very bitter, since Kalemba "wanted me to be witness to testify against you and convince Pika to testify against you as they said you were the main target"

Mphwiyo shooting Case; Kumwembe Wants Friday Jumbe As Kasambara Goes To Supreme Court Again

Mcdonald Kumwembe suspected shooter in the attempted murder of former Budget Director Paul Mphwiyo, has asked court to summon to court Mr. Friday Jumbe, former Minister of Finance as his witness.

Kumwembe also mentioned former Peoples Party spokes person, Patrick Gada and Robert Asumi to be among the list of his witnesses. 

The accused however, rescinded his earlier decision to have two policemen, Mr. MacLean and Mr. Thengo in court as witnesses because of the nature of their job. 

Towards the end of hearing of the case on Friday, there was bail application from Raphael Kasambara of which the ruling by Judge Michael Mtambo will be delivered to towards the week ending on 18th December 2015 through emails.

Kasambara served the court with notice that he is once again appealing to the Supreme Court of Appeal, now to a panel of three judges after his first attempt which was presided by a single judge got dismissed.

The High Court revoked bail of Kasambara over noncompliance to his bail conditions and he appealed the decision to the Supreme Court before a single judge but it was dismissed.

The Court Sets 4th and 5th January 2016 as dates for the continuation of the case.

The defense hearing resumed sitting on Thursday, 10th December till afternoon of Friday, 11th December 2015 at Lilongwe High Court. On Thursday the State continued and finished to cross-examine First Accused McDonald Kumwembe after which Raphael Kasambara started cross-examining the witness up to Friday.

However during cross examination by Kasambara who is the third accused in the case, Kumwembe told the court that the state has no evidence linking him to the shooting as there is nowhere in all the 3 affidavits that were among the people former budget director Paul Mphwiyo had mentioned in all his three caution statements.

Kumwembe is the first accused in the Mphywiyo shooting case to enter defense. He was charged together with Pika Manondo of Attempted Murder and Conspiracy to Commit Murder of Formwe Budget Director Paul Mphwiyo while Raphael Kasambara is answering one count of Conspiracy to Commit Murder.

Cashgate Case: Savala Looking For Kasambara Replacement

Savala hunting for Kasambara replacement

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

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

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

Kamudoni  Nyasulu

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

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

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

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

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

Mphwiyo Shooting Case: Kumwembe Says Can’t Miss Target, Asks Judge To Try His Ability In Court

Kumwembe I cant miss my target 

McDonald Kumwembe, suspected shooter in the attempted murder trial of Paul Mphwiyo has told the court that he could have at a 5 metre range, shoot to kill Paul Mphwiyo if he were hired for the job.

Kumwembe was speaking on Wednesday court sitting during his defense in the case he is answering of attempted and conspiracy to murder former budget director Paul Mphwiyo on September 13th 2013.

When entering his defense, the former Malawi Defense Force officer Kumwembe who maintained to deny to have shot Paul Mphwiyo, said him as a well trained soldier and man who worked as a military officer for a very long time could not miss the target at a range of 5 metres as it was the case in Mphwiyo shooting.

“I have worked in Malawi Defense Force for so many years. As it was said by the victim that he was shot at a range of 5 metres, surely if I could be the one shooting, then I could not miss him” said Kumwembe while alleging that the person who pulled the trigger might have been a novice, and further denied his involvement in an enterprise to kill Mphwiyo.

“If you can allow me to have a gun and show a target here in court, I will not miss” challenged Kumwembe

But Judge Michael Mtambo quickly reacted by interrupting him in a joking way saying “We cannot take that risk!” and the whole court was laughing.

Kumwembe

Kumwembe also said, in a situation happened at the time of shooting, it could not happen as testified by the victim that him had a mask on his face while his accomplice Pika had nothing to shield his face.

Meanwhile, his cross examination has been adjourned to dates from 13th to 16th October 2015

Earlier, Kumwembe accused the victim Paul Mphwiyo and an investigator of the present case Kankhwala Chilinda of lying under oath and bringing false evidence against him in the court as he narrates how he became friends of the two and later Pika Manondo.

He said he became friends with Mpwiyo way back in 1999 when him was in Zomba working with MDF as Investigator while Mphwiyo was a Personal Assistant of late Dumbo Lemani and that they had also been meeting in several places. 

But he has accused Mphwiyo of telling the court lies that he does not know him. He revealed that it was Paul who introduced him to Pika Manondo after the two had discussed on a business plan they can do to former ruling party Peoples Party (PP).

He said after their discussion he met Pika at Andiamo in Balaka where former president Joyce Banda was welcoming new members of the party. He said while there, Pika told him that he can work for the party as an Intelligence officer for the party.

Then he quashed almost every evidence brought in the court by Chilinda adding that all allegations against him are based on an altercation they had some years back.

He explained that while based in Zomba working as intelligence officer, he reported to Chilinda bosses on information that Chilinda (working as CID officer in the same district) was lending out his firearm to some criminals. Kumwembe then said, Chilinda was furious and at one point told him that he will one day do revenge.

Kumwembe emphasized that it was obvious that Chilinda brought in the court false evidence against him of being involved in a robbery case which took place in Machinga, and spotting him at Bwandilo on 30th August 2013 the day he (Kumwembe) said left the country for Mozambique. 

The accused person further told court that Chilinda also tendered a false bus ticket allegedly indicating that the accused had traveled to Lilongwe days before Mphwiyo was shot. While showing the document to the court, Kumwembe said the ticket was only indicating the date of 30th August without specifying the year and particulars of the owner of the ticket.

Furthermore, the accused person also questioned Chilinda motive of brining in the court, a gun which had no bearing of fingerprints or any evidence that it was used by him in the shooting.

“By bringing that gun here, what exactly did Mr. Chilinda tried to portray my image to the public and reporters here in court?” asked Kumwembe

Kumwembe said it was apparent that following their past clash, nothing would have stopped Chilinda from fabricating evidence against him and further accused the investigator of doing try and error sort of investigations in the present case.

Cross Examination 

During Cross examination done by Director of Public Prosecution (DPP) Mary Kachale, Kumwembe was so defensive in his responses and was in several occasions answering questions in a form of a question back to the DPP. 

At one point the Judge counseled him to be serious “This is a serious business Mr. Kumwembe” said the Judge when he responded to the question from DPP of why he is so famous in the township of Ndirande in Blantyre by asking: “How could I be so famous in Ndirande? If were famous then don’t you think I could have been a parliamentarian for the area?”

DPP also centred her questions around the alleged travel to Mozambique in 2013 during the period Mphwiyo was shot. Kumwembe said he left his cell phone simcard to his brother currently living in South Africa to make contacts with persons he was doing businesses with.

However, his phone call logs at that period were indicated that the sim was being used by the said cousin in almost all places that Kumwembe used to go including at Bvumbwe Township where Kumwembe girlfriend lived and could be in a call with the girlfriend for over 20 minutes.

But Kumwembe response was that he could not control such situation and also said he could not remember any place he stayed in three separate trips he travelled to Mozambique.

McDonald Kumwembe is a first accused person in the case of attempted and conspiracy to murder Malawi’s former Budget Director Paul Mphwiyo at the gate of his house in Area 43.

Kumwembe who was identified as a shooter was found with case to answer on conspiracy and attempted murder together with second accused person Pika Manondo. The third accused who is a practicing lawyer and former Justice Minister and Attorney General, Raphael Kasambara was found with case to answer on conspiracy. 

The shooting of Mphwiyo was the genesis of numerous arrests on calculated theft of government money at Capital Hill.

Mphwiyo Shooting Case: Kasambara Bail Revoked For Breach Of Bail Condition

Kasambara on police escort 

High Court Judge Michael Mtambo revokes bail of Raphael Kasambara suspect in the Paul Mphwiyo attempted murder for failure to comply with the court bail conditions. 

His bail has been revoked of his conduct, infringement of privacy of the Judicial Officers by sourcing private documents especially of presiding judge Michael Mtambo and judge who recused her self in the case Justice Esme Chombo. The bail has also been revoked after the court also established that in his conduct, Kasambara had also infringed security of the Judicial officers. 

Kasambara walking to police vehicke 

Kasambara looked relaxed as he walked for
Maula prison 

The revocation follows Judge Michael Mtambo order that parties should submit on whether the court can of its own motion review the bail status Kasambara on failure to comply with the court bail conditions after it was learnt that McDonald Kumwembe the first accused had admitted to the court that Kasambara helped him to identify the CV which he alleged to have received from a well wisher.

He was on heavy police escort 

He was talking to reporters and police officers 

In the application of motion by first accused, McDonald Kumwembe seeking judge recusal, attached two letters: one which was found to be contemptuous and another letter which he alleged to be the CV of the presiding Judge. He told the court that after accessing the CV he took it to Raphael Kasambara who laughed upon seeing it and then confirmed to him that it belonged to the presiding Judge. The application also claimed that Judge Michael Mtambo requested for more security after delivering his ruling on whether the accused persons had case to answer or not. 

His bail revocation attracted alot of attention 

In his ruling, the Judge agreed with the state application that there was sufficient evidence to revoke bail of Kasambara. 

The Judge said it was apparent that Kasambara aided Kumwembe in several occasions on matters relating to the present case including filing of application for judge recusal looking at how Kumwembe had displayed in several occasions his ignorance of contents of the letter. During cross examination of his application, Kumwembe seemed to have difficulties to understand contents of his well written application by opting to have a court translator, failure to describe who Robin Hood was and to give meaning of Kangaroo Court cited in his application. 

The Judge further indicated that Kasambara had the possession of the alleged CV earlier on because he was the first to mention the alleged CV in court before Kumwembe had applied for Judge recusal. 

"The third accused (Kasambara) did not show cooperation after the ruling of case to answer was made" added the judge who further indicated that his earlier applications for judge recusal for presiding judge was delaying the case. 

After bail revocation ruling, the Judge also refused application by Kasambara that the revocation be Stayed up to Friday this week because he was required to attend to private matters on Thursday. 

But the judge argued that there was nothing cited of reasons for Stay of the bail revocation order: "The order of bail revocation remains intact" said the judge 

However, the judge has turned down state application to revoke bail of Kumwembe since he is already in police custody after his application letter was ruled contempt of court

Raphael Kasambara was found with case to answer on conspiracy to murder former budget director Paul Mphwiyo while McDonald Kumwembe and Pika Manondo were found with case to answer on attempted murder and conspiracy.

Cashgate Case: Savala Chose Silence to Prosecution Evidence

Caroline Savala out of court 

Caroline Savala has spoken nothing relating to evidence brought by prosecution that she was aware that she was stealing immediately after her company certificate was borrowed by Leonard Kalonga.

The case was back in court this Friday where prosecution was trying to prove that Savala was aware that she was stealing public by lending her company certificate to Mr.  Kalonga, former deputy director of tourism.

Caroline: looked in good spirit 

Savala accused for siphoning K84 million, appeared before Justice Fiona Mwale looking in good spirit unlike last sitting of court when she cried as she was explaining how her company certificate was used to siphon government money and consequent revocation of her bail.

Caroline: leaving court for Maula prison 

During last sitting, Savala request court to be lenient to her guilty plea on grounds that she was not aware that Kalonga would use it to steal government money. In her testimony, Savala denied to have taken part in the cashgate but admitted that she found herself in because Kalonga had used her.  

Savala said nothing to presented evidence
Against her

But this Friday, the state brought evidence documents to prove that it could not have been just Mr. Kalonga using her since her own certificate were used yet she had responsibility under that certificate. 

Questions posed to her by State Counsel, Kamudoni Nyasulu during cross examination centred on finding out from Savala if she carried out her responsibilities and obligations as a certified contractor. However, she chose not to say anything.

“I choose not to say anything” Savala maintained such reply when asked of documents and matters related to her knowledge of some individuals that includes Leonard Kalonga who she has been naming as one who dragged her into the scam.

Savala: I choose not to say anything 

From such reply, She chose to be silent for example on: whether National Construction Industry Council legislations allowed her to lend someone her company certificates; if she had relevant equipment to do the work of construction; whether she knew if Kalonga had certificates or any equipments for construction; and even if she had any knowledge of sites where Leonard Kalonga was going to do the alleged construction works from tenders which he allegedly told her that he won from government. 

Meanwhile the case has been adjourned to a later date where defense is expected to bring two character witnesses; Leonard Kalonga and a church pastor.

Tisilila Kaphamtengo: I read nothing
for this case

Savala was being represented by lawyer, Tisilila Kaphamtengo who acted as agent of lawyer Raphael Kasambara who is reportedly sick, suffering from high blood pressure.

The agent lawyer did not re-examine Savala saying he knows nothing in this case.

In an interview, he described Savala silence as good position to prevent self incrimination.

Kaphamtengo: She was right for being
silent

He therefore justified defense application that Savala be allowed not to answer any questions where she would be incriminating herself.

Kaphamtengo explained that some of the questions would have lead to new more offenses other than present case which includes possibly offense of offending National Construction Industry Council legislations.

Mphwiyo Shooting Case: Court To Subpoena Joyce Banda As Witness

Lilongwe High Court 

The High Court Registrar is expected to make a decisive action which will possibly force former President Dr. Joyce Banda to come back to Malawi to stand as a defense witness in Paul Mphwiyo shooting case.

During the court sitting on Friday last week resolved that the Court Registrar should subpoena all witnesses named by defense but currently seem not likely to come to stand as witnesses.

The decision was made following request from second accused, Pika Manondo that court must intervene and use its power to bring to court former Head of State Dr. Banda who currently is outside the country and she seem not to come back in the country very soon.

Manondo said the former President has a lot to explain in this case.

His request was made after Judge Michael Mtambo remarks before adjourning the case. He emphasised that he wants the case be concluded very fast. 

He said court will not tolerate any delays and that the defense should call its witnesses during the upcoming sitting of court. 

Justice Mtambo also warned that he will not hesitate to revoke bail of the accused persons who fail to cooperate.

Kachale: High Court Registrar must
  subpoena witnesses 

But when the state was asked to help defense bring witnesses to court, Director of Public Prosecution (DPP) Mary Kachale said the High Court Registrar was in the right place to subpoena all witnesses.

Kachale said with that authoritative letter, enforcement agencies can react in a situation where the witness is not willing to appear in court.

Former Budget Director Paul Mphwiyo was shot at the gate of his house in area 43 during the night of 13th September 2015. His shooting led to number of arrests in connection to looting of public money dubbed cashgate.

McDonald Kumwembe identified as a shooter was found with case to answer on attempted murder and conspiracy to commit murder together with Pika Manondo while former Justice Minister and Attorney General, Raphael Kasambara was found with case to answer on conspiracy to commit murder.

Mphwiyo Shooting Case: Kumwembe Application for Judge Recusal Dismissed

Lilongwe Court 

Justice Michael Mtambo has on Friday, dismissed judge recusal application made by MacDonald Kumwembe, suspected shooter in the attempted murder of Paul Mphwiyo, for lack of merit.

His application has also earned him a four months prison sentence for sarcasm, rudeness and demeaning the judge.

Justice Mtambo has refused to recuse himself from hearing the case for a second time now following application that was made by third accused person Raphael Kasambara which the judge had also dismissed in June. 

Kumwembe applied for the recusal of presiding Judge Mtambo on grounds of bias and that he perceived that the judge has already intended to make a ruling against him.

Kumwembe being handcuffed for contempt 

The application, which has provoked the judge to send him to prison, therein Kumwembe likened Judge Michael Mtambo to a thief by describing him as a “modern day, Robin Hood” (a heroic outlaw in English folklore portrayed as robbing from the rich to give to the poor)

Kumwembe also in his application added a CV which he claims belongs to the judge and that it speaks volume of the possible bias which may result him being found guilty and convicted of the alleged crime he is answering.

But in his ruling, the judge argued that Kumwembe application failed to lay foundation for judge recusal and that the claimed CV does not add any substance to justify the recusal of the Judge.

“Anybody can pick any document from anywhere and say that this is a CV of someone” said Mtambo as he discredits the validity of the alleged CV.

Kumwembe being walked to Maula Prison 

While the Judge wondered as of who served Kumwembe the claimed CV and the motive behind, Justice Mtambo also mentioned that the said CV does not set grounds for judge recusal and it must have been sourced through theft.

“CVs are confidential documents…. and you can’t just get someone CV. That is stealing“ he then added that such actions may pressure other judges to recuse themselves in fear that if they take up the case someone will dig up something from them.

Meanwhile the case has been adjourned for 24th to 26th of September 2015. The court is in the next sitting expected to continue with pending state application for the bail revocation of McDonald Kumwembe.

The Judge has also asked the court to submit on whether the court can of its own motion review the bail status of the third accused person Raphael Kasambara. This comes after the court observed that that there has been no cooperation from defense after it was learnt that Kasambara has been aiding Kumwembe on several issues including the filing, typing, and printing of judge recusal application and on claims made by Kumwembe of the ownership of the alleged CV for the judge. 

Kumwembe and Pika Manondo were found with case to answer on attempted murder and conspiracy to murder former of former budget director Paul Mphwiyi while Lawyer Raphael Kasambara was found with case to answer on conspiracy to commit murder. 

Cross Examination of Kumwembe’ Application for Judge Recusal

During Friday court sitting, Kumwembe sought for Chichewa translator for the cross examination of his application for the judge recusal a development which led the state to ascertain that Kumwembe had not written the application by himself as the application had been crafted in such a very good English.

Mary Kachale: Kumwembe was used by
Ralph And Arnolds 

The State insisted that Kumwembe was being used by Ralph and Arnold Associates which belongs to Raphael Kasambara for his application for the judge recusal.

Director of Public Prosecution (DPP) Mary Kachale said all documents from Kumwembe were typed and printed by Ralph and Arnolds Associate of which Kumwembe denied.

“All these ideas were not yours and you are just being used by Ralph and Arnolds” claimed Kachale though Kumwembe denied the assertion by stating that he typed and printed the documents at some internet cafes he can’t remember their names and exact location but were in area 4.

When asked more about the CV which he claim to be of Justice Mtambo, Kumwembe said unnamed “well-wisher” just brought it at his home then he went with it to Raphael Kasambara who identified it as Mtambo’s CV because of its signature.

The state also told court that Kumwembe has been following the presiding Judge for a long time to the extent that he knew extra security personnel that were assigned for the Judge. However, Kumwembe denied by stating that he was tipped by unknown police officer whom he met at a pub in Lilongwe. 

Asked to describe who Robin Hood is, Kumwembe said must be a judge somewhere else, an answer which the state further justified that Kumwembe was not the person who wrote the application for judge recusal.

Mphwiyo Shooting Case: Kumwembe Sent To 4 Months In Prison for Sarcasm Letter

McDonald Kumwembe suspected to be a shooter in Paul Mphwiyo attempted murder case has been sentenced to 4 months imprisonment for contempt of court. 

Presiding judge Michael Mtambo found Kumwembe in contempt of court following his letter which the judge described Kumwembe as being sarcastic, rude and demeaning the judge. 

Kumwembe made an application for Judge recusal for the possibility of bias. But in his letter the judge said Kumwembe had at one point likened the judge to a thief. 

"You are the modern day Robin Hood" said Kumwembe in his appication

A former Malawi Defense Force, Kumwembe who is representing himself in the present case, accepted his offense when the court had asked him if he accepts that his letter was sarcastic. 

He also failed to cite a close which defends him from being sent to prison for six months. He also pleaded for leniency saying this was his first time to offend the court.

The Lilongwe High Court is continuing with hearing on Kumwembe application for judge recusal where the state is accusing Kumwembe of following the judge and that his application was not his but he is being used by Ralph And Arnold's Associate. 

The state is also accusing Kumwembe of bleaching Judge's privacy by distributing judge CV which Kumwembe claims he got it from a well wisher. 

Kumwembe is being accused together with Raphael Kasambara,  and Pika Manondo

More updates on this issue very soon 

Mphwiyo Shooting Case: Kumwembe Names Former President Joyce Banda As Witness

Lilongwe High Court 

McDonald Kumwembe names Joyce Banda and seven other persons as his witnesses for the case of attempted murder and conspiracy to kill former Budget Director Paul Mphwiyo. 

Kumwembe and Pika Manondo were found with case to answer on conspiracy and attempted murder of Paul Mphwiyo, while Former Justice and Constitutional Affairs minister Raphael Kasambara was found with case to answer on conspiracy to commit murder. 

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

Cashgate Convict Savala Cry in Court, Speaks Out on K84 Million Looting

• Savala named Leonard Kalonga as accomplice

• She cried in court and said “I have brought shame to my parents”

The Cashgate case hearing of Caroline Savala on Friday was full of emotions, for apparent looming sentencing.

Savala answering charges of theft amd was convicted after full trial on money laundering amounting to K84 million, cried during court sitting at Lilongwe High court on Friday before Justice Fiona Mwale and for the very first time made recounts of her deal with Leonard Kalonga, former Tourism ministry officer also answering another cashgate case.

The Illicit deal with Leonard Kalonga

When responding to questions from State Counsel, Kamudoni Nyasulu, on how she became to know Leonard Kalonga and Florence Chatuwa, Caroline Savala explained almost everything.

In a tell it all, Savala said registered her Carmu Civil Engineering Company in 2011 under National Construction Industry Council but never had offered service elsewhere.

Savala said, was introduced to Leonard Karonga in June 2013 by her former Bambino Secondary School classmate, Florence Chatuwa a supplier of fire extinguishers. 

She said, Kalonga, asked her to borrow him copies of her company certificates because he “wanted to use the documents to do a construction work for the government” 

Savala explained that she was convinced by Leonard Kalonga justification that as a civil servant he could not use his own construction company certificates to offer service to government. She added that she never had any suspicions that they were making an illicit deal.

Savala continued that, in July 2013 her company account received a Cheque amounting to K35 million and a week later got K49 million. 

She said in all two separate occasions; Savala would withdrawal the deposited money and deliver in full amount to Kalonga at his house. But from the deal, Savala said was getting 10% only for each deposit money and was sharing that money with Florence.

She said she never doubt about anything or grew fishy about the payments sent to her company account.

Savala also told the court that even before and after her arrest, she has been earning a living through lipstic seling business. 

Impact of Cashgate to Savala family 

Caroline Savala being consoled by family members

Earlier, when asked by her lawyer Raphael Kasambara how the case has impacted her life, the emotional Savala said “I have suffered anxiety and I’m just Sorry that I took part in this unknowingly.”

“I have brought shame to my parents” she said “It has got so much shame to my parents and family. I have put them in shame.”

Caroline Savala’s mom and dad sitting a foot away from each other could be seen with tears flowing from their eyes as they try keep listen to their daughter. His father seemed to have difficulty to keep eyes on his daughter for long; he spent a lot of time at the hearing with his head down.

“I have dented my image. I can’t work anywhere because am all over the internet that I was involved in looting of public money.”

She then spoke of her health which made her cry; “My health has deteriorated, I have a copy of my medical report”. Savala said it recommends that she need to live in a very good environment. 

“Away from opportunistic infections…” said Savala then sobbed, followed by loud mourns forcing the Jutice Mwale to suspend proceedings for five minutes since she could not be audible when she was reading last part of the report. 

Savala explained to State Counsel that she obtained this medical report from Kamuzu Central Hospital (KCH) on 24th July 2014 when she visited the hospital as patient.

“I never suspected that it could be looting of public funds with the senior position Mr. Kalonga had” she said after the court convened after the short break

Savala: Cashgate has embarrassed her and family

“I am very sorry. If I had known that it was looting, I could not have accepted that my company should be used because am not a person” who tolerates anything like that, she aid.

“I’m a Christian and never had involved in such practice” she added and said she is a first time offender

Savala was convicted after full trial but in previous court appearances pleaded not guilty but surprised people that this Friday acknowledged her participation in the looting but emphasized “unknowingly”