Court Orders Parties To Address Two More Issues In Murekezi Extradition Case

Vincent Murekezi

The extradition case hearing of the 1994 Rwandan Genocide convict, Mr. Vincent Murekezi has been adjourned to February, 3, 2017 where both State and Defense are expected to make submissions to the court on whether genocide is an extraditable offence or not and if Rwanda is a designated country under the Extradition Act.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mphwiyo Shooting Case; Defense Critic Airtel Call Logs

The defense team in the ongoing attempted murder and conspiracy to commit murder of Malawi's former Budget Director Paul Mphwiyo have on Friday tried to explore loopholes  in the call logs brought by the three telecommunication savvy from Airtel Malawi. 

Starting on Thursday, three Airtel experts were analysing call logs made by suspects prior and after the shooting of Paul Mphwiyo in September 13, 2013 as he was trying to enter the gate of his house in Area 43.

Though, accused and self represented lawyer Raphael Kasambara had no question to ask Airtel experts, other three lawyers tried hard find out the validity of these call logs.

Oswald Lutepo's lawyer, Oswald Mtupila asked of possibility of editing the the call logs in the system. One of the expert said it is impossible to edit call records in the system but editing can be done once one gets the information from the system and tries to edit the document outside the system, but maintained that the system information remains intact.

John Gift Mwakhwawa representing McDonald Kumwembe asked in relation to the information which Kumwembe claimed of being outside the country at the time when the shooting took place. Kumwembe said he was in Mozambique and used Dedza boarder when going out and coming in of the country.

Mkwakhwawa asked if the  mobile telecommunication provider, Airtel could trace Kumwembe if in Mozambique had used a number which is not of Airtel network  and received a "no" reply. He then asked if it was possible for the mobile operator could trace network location of Kumwembe in Mozambique if her wife had called him using husband mobile phone number while at Dedza waiting to welcome him. But the Airtel experts said it was impossible to locate Kumbwembe.

Mwakhwawa questions came following the revelations that Kumwembe according to call logs, was in Malawi even the night Paul Mphwiyo was shot. Last month an immigration officer from Dedza boarder, Griffin Tembo also brought in the court a testimony that Kumwembe passport documents were not clear if he ever crossed the boarder as some very important details were missing in his travel documents.

However, Wapona Kita representing Pika and his brother Dauka Manondo and Robert Kadzuwa asked had asked several questions including possibility if the network towers can overlap. And the experts acknowledged that such, happens some times.

Later an affidavit from the Ballistic expert, Senior Superintendent S. B. Msambira was tendered in court. He brought three 9 millimetre empty cartridges found on the Mphwiyo shooting scene and there was a pistol in the plastic bag.

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

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

• They feel they have been inhuman degraded

Dauka Manondo and Robert Kadzuwa in handcuffs

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

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

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

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

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

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

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

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

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

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

Dauka Manondo& Robert Kadzuwa in handcuffs

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

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

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

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

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

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

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

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

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

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

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

Cash gate Suspect Namata Wants to Restitute money

Cash gate Suspect Namata Wants to Restitute money

The convicted Maxwell Namata in a case of theft and money laundering of up to K24.1 million is in a process of giving back the stolen money.

The Lilongwe High Court on Wednesday 21 January found guilty two Cashgate suspects Maxwell Namata guilty of money laundering and theft of K14.4 million from the said K24.1 million and co-accused Luke Kasamba was found guilty of laundering the full K24.1 million.

Lawyer for Namata Wapona Kita who was on Monday supposed to present defense submissions on sentencing, told the court that "There are some facts not ready with us" and asked for 10 days to submit them.

But the High Court judge Justice Anabel Mtalimanja gave the defense two days and adjourned the matter to Wednesday 4th February, for the defense to submit their prepared documents. The judge said 10 more days would be a torture to the convicts currently spending their time pending sentence at Maula prison.

Outside the court when Kita was asked reasons for asking the court for time, revealed "We want to restitute the money" which the accused is alleged to have stolen.

He said when the defense would be arguing on leniency on sentence for the accused, they want to make submissions with some receipts as evidence that apart from being a first time offender Namata has also shown sign of remorse by restituting the money.

He however mentioned that with time given if the restitution process fails the defense will stick to readily arguments.

According to the evidence provided in the court during previous trials, the two defrauded public money through cheques the ministry of tourism issued two times yet the recipients did not supplying any service. The two cheques were deposited into Cross Marketing Limited bank account. Maxwell Namata for two times deposited Cheque amounting to K9.7 Million and K14.4 million got from Ministry of Tourism into Cross Marketing Limited bank account and Luke Kasamba a manager for the company was responsible for the withdrawal of the deposited money and handed it over to Namata.