Justice Mtambo Serious on Concluding Attempted Murder of Mphwiyo’s Case In May

Justice Mtambo Serious on Concluding Attempted Murder of Mphwiyo’s Case In May

The High Court Judge Justice Michael Mtambo has stick to his earlier decision that the case of Attempted Murder of Malawi’s former Budget Director be concluded by May this year.

On Wednesday 28th January this year, Justice Mtambo told both parties in the case, that they should be preparing submissions on whether the five accused have case to answer or not in order to prevent delays.

On Thursday 19th February 2015 when adjourning the case for 18th to 20th March 2015 after three days of cross examination and examination in chief of five state witness witnesses  Justice Michael Mtambo also reminded the state to make sure that it is serious in managing time for bringing witnesses to court.

This reminder came as the state prayed to the court for an adjournment of the case preferably to Mid March so that it has ample time to resolve other technicalities with the remaining 10 witnesses. Director of Public Prosecution (DPP) Mary Kachale had earlier in the day informed the court that other witnesses are negotiating timing of court proceedings and at their respective work places therefore more time was needed and that shall be a month break. In the afternoon the judge accepted the request but reminded the state to utilize and manage effectively the scheduled three days for the remaining 10 witnesses.

As of Thursday 19th February the state has paraded 9 witnesses including Mr. Paul Mphwiyo, Brother in law of Mr. Mpwiyo’s wife Gabriel Rashid, two doctors who treated Mphwiyo; Dr. Hetherwick Ntaba, Dr. Carlos Varera, and the housemaid of Raphael Kasambara’s Jessie Mussa. 

After 10 more witness are paraded by the state the court will make its determination of discontinuation of the case once it finds the accused have no case to answer or continuation of the case if the accused found with case to answer.

The case of Attempted Murder and Conspiracy to Commit Murder of Former Budget Director Paul Mphiyo on September 13th 2013 accuses former Attorney General and Minister of Justice Raphael Kasambara SC, Oswald Lutepo, Robert Kadzuwa, Pika Mandondo his brother Dauka Manondo. 

Mphwiyo’s shooting was manifestation of calculated looting of Public coffers at Capital Hill where it is alleged that the perpetrators were able to transfer funds from the government bank accounts to the vendor accounts for goods and services that were never supplied and then to delete these transactions from the IFMIS system (Integrated Financial Management Information System a Soft-Tech Consulting Limited [Soft-Tech], EPICOR based software solutions). 

It is claimed that the system was manipulated to release funds without lawful authority, create and approve unauthorised payments, issue cheques through the Accountant General’s Department and transfer funds into supplier accounts without authorisation.

Kasambara Housemaid Mantains “I saw Mphwiyo at Kasambara’s House the Day of Shooting”

Kasambara Housemaid Mantains “I saw Mphwiyo at Kasambara’s House the Day of Shooting”

Former housemaid of Raphael Kasambara cross examination continued on Thursday morning up to evening, throughout maintained her testimony that Mphwiyo had visited Kasambara on Friday13th September 2015 earlier before he was shot that night.

Jessie Mussa an eighth state witness revealed to Lilongwe High Court on Wednesday evening that on 13th September 2013 spotted Kasambara’s visitor and the next day Saturday 14th September 2015 Kasambara’s wife reveled to her that the man she spotted previous day was Paul Mphwiyo and was shot last night.

During cross examination on Thursday the witness maintained that Mphwiyo arrived at Kasambara’s house between 15:00 to 16:00 hours and met Kasambara in the house. The witness spotted Mphwiyo coming out of his car carrying a fabric bag and was seen empty-handed when leaving the place at around 17:00 hours.

Both Kasambara and Mphwiyo are answering charges of money laundering 

“Later, as I was cleaning their (Kasambara’s) bedroom I found the bag. It was full of money and it was heavy” she told the court

Even during a very long cross examination with his former boss and one of the accused of this attempted murder case Raphael Kasambara who is representing himself as a lawyer, Mussa maintained her testimony she delivered previous day before Judge Justice Michael Mtambo.

However, Kasambara diacredited the witness testimony saying she is just bitter of her unceremonious firing and maintained that on the said date he was at State House meeting with former SADC heads of state leading Lake Malawi mediation.

The witness also revealed that Kasambara at one point brought to his house a carton full of guns which Kasambara said the witness might have mistaken guns with "Metal Detectors bought from Dubai."

However, Jessie Mussa has disowned some other information contained in her Police statement.

Before the case was adjourned to 18th upt to 20th March, the state also brought another witness Chifundo Beston whose evidence shall later be reveled according to prosecution. Beston testified that his cell phone number appeared on a Malawi Savings Bank cash deposit slip which James Alan was depositing K300 thousand to account of M. Kumwembe. 

Highlights of Jessie Mussa Testimony

Jessie Mussa former housemaid of Raphael Kasambara said at around 18:00 hours after Mphwiyo had left the place, Kasambara also left his house. Few minutes later Pika Manondo showed up at the residence then left while driving Kasambara's Mercedes Benz. Mussa said was dismayed to wake up early morning of Saturday 14th September 2013 seeing her boss's Mercedes Benz hidden parked behind Servants Quarters.

Later in the day came a man who began removing vehicle registration numbers plates of the 'Benz'. She said after removal of the plates, Kasambara’ friend Patrick Gada asked her to keep the plates outside the house.

The witness also told the court that she got fired in October 2013 the same day Kasambara was sacked as Attorney General and Minister of Justice and Constitution Affairs. She said her job ended without notice and was forced to leave the place for home in Blantyre immediately. 

But the witness said while on her way to Blantyre, somewhere at Nathenje around 18:00 hours she got a phone call from Kasambara's wife cautioning her not to reveal anything of Raphael Kasambara’s connection to the shooting of Mphwiyo

Mphwiyo Spotted at Kasambara's Home Earlier The Day He Was Shot;

Reveals Former House Maid of Kasambara

Evidence brought by state witness Jessie Mussa a former house maid of Raphael Kasambara reveals Mr. Paul Mphwiyo had visited the house of one of the  accused Raphael Kasambara afternoon of same day he was shot.

The former budget Director Paul Mphwiyo was shot in the night of 13th September 2013 a development which revealed calculated looting of public coffers at Capital Hill.

Eighth state witness Jessie Mussa explained in the Lilongwe High Court on Wednesday before Judge Justice Michael Mtambo that at around 15:00 hours of 13 September 2013 saw Paul Mphwiyo arriving at Kasambara's residence. She saw him coming out of his vehicle carrying a fabric bag which she said contained huge sums of money and he remained inside the house for a while then left.

The witness said at around 18:00 hours just after Mphwiyo had left the place, Pika Manondo showed up at the residence then left while driving Kasambara's Mercedes Benz. But the witness was dismayed to wake up early morning of Saturday 14th September 2013 seeing her boss's Mercedes Benz hidden parked  behind the Servants Quarters or "Boys' Quarter". And added that this was her first time to see that vehicle being parked there and on the same day learned that the man who came the previous day (Mphwiyo) was shot.

She went on to say later in the day came a man who began removing vehicle registration numbers of the 'Benz'. She also told court that later some day, came to the house a Head of CID for Central Region joined by other officers. The officers were inspecting Kasambara's Benz while talking to Kasambara himself. 

Jessie said got fired in October 2013 the same day Kasambara was sacked as Attorney General and Minister of Justice and Constitution Affairs. She said her job ended without notice and was forced to leave the place for home in Blantyre immediately. But the witness said while on her way to Blantyre, somewhere at Nathenje around 18:00 hours she got a phone call from Kasambara's wife cautioning her not to reveal anything she knows about Mphwiyo's shooting. Her former boss said if she reveals the incident anyhow to anyone would risk Raphael Kasambara up for an arrest.

The cross examination of the witness was adjourned and continues this Thursday morning at Lilongwe High Court.

Earlier, the state had in the morning paraded two other witnesses a Kamuzu Central Hospital (KCH) Head Surgeon Dr. Carlos Valera and a close friend of Mphwoyo Yambani Mlemba a lawyer by profession.

Sixth state witness Doctor Valera at one point told Court that as an experienced person who has been treating such gun wounds like of Paul Mphwiyo, is convinced that the assailant's who wanted to kill Mphwiyo used a weak gun. 

Seventh state witness Mlemba informed the court that he saw two accused Oswald Lutepo and Pika Manondo at Kamuzu Central  Hospital together with other friends of Mphwiyo who came to the hospital.

Kachama Gets An Easy Nod From National Assembly……Confirmed As Police IG

Kachama Gets An Easy Nod From National Assembly……Confirmed As Police IG

The National Assembly on Wednesday overwhelmingly confirmed the newly appointed Inspector General of Police, Lexten Kachama on the position.

Out of the 161 votes of members present in the House, 159 members had voted in favor of Kachama while 2 had voted to the contrary. There were 32 absentees.   

In accordance with Section 154 (2) of the Republican Constitution, Minister of Home Affairs and Internal Security, Paul Chibingu had tabled the motion on Kachama’s confirmation. 

The Member of Parliament for Balaka North, Lucius Banda offered his secondment, paving way to the responses by spokespersons of MCP and PP who spoke in support for the motion while offering pieces of advice, notably that, the new IG should not show impartiality in his discharge of duty.  

During general debate, four MP’s; Martha Lunje of Nkhota-kota Central, Anna Kachikho of Phalombe North, Amon Nkhata of Kasungu Central and Uladi Mussa of Salima South had all their voices in high tone decorating the new appointee.    

Traced from the humble beginnings of constable ranking at the time he joined the Malawi Police Service on 2nd April, 1979 until the day of his appointment, 10th February, 2015 , Kachama had rose through the ranks way up to the top rank of Inspector General.

“Honorable Members, this means therefore National Assembly has today February 18, 2015 confirmed Lexten Kachama as Inspector General of Malawi Police Service.” Announced Speaker of National Assembly Richard Msowoya

The new Police IG made several achievements which among them earned him recipient of Long Service and Good Conduct Medal from the late His Excellency Professor Bingu Wa Mutharika on 5th March 2011 in Blantyre. And on 15th October 2014 he received a Presidential Police Medal from His Excellency Professor Arthur Peter Mutharika.

Born on June 30, 1958, Lexten Shame Kachama hails from Chidzenje village T/A Kalolo in Lilongwe district.

He is a holder of Masters in Business Administration (MBA) majoring in Human Resource Management from Share World Open University, Masters in Leadership and Change Management from Leeds Metropolitan University in conjunction with Malawi Institute of Management (MIM) and has Bachelor of Science Degree in Human Resource Development and Management from Share World Open University. 

Kachama is currently studying PHD in Strategic Management with Columbia Commonwealth University.  

  

Govt Assures Zomba Chingale MP; Masaula-Namatunu Road to be an All Weather Road

Govt Assures Zomba Chingale MP; Masaula-Namatunu Road to be an All Weather Road

Government says it will soon send engineers to carryout the road condition survey on Masaula-Namatunu road in order to establish the remedial measures required to improve the road condition.

Minister of Transport and Public Works hon Francis Kasaila made the remarks on Tuesday in the National Assembly when responding to the question from a Zomba Chingale parliamentarian Wallace Chawawa.

During Questions and Oral Replies to various government ministries, Hon. Chawawa asked Ministry of Transport and Public Works to request the Roads Authority to put gravel and re-surface the graded road to Masaula Trading Centre from Namatunu boundary between Blantyre North and Zomba Chingale. 

The member said this road has busy traffic leading to a very big rural market at Masaula and deserves to be an all weather road.

In his response hon Kasaila assured the member and people of Zomba Changale that government will make Masaula-Namatunu road an all weather road.

"The road from Namatunu to Masaula which is D286 is indeed a busy road and become impassable during rainy season as you pass through muddy areas." He acknowledged 

"My ministry has marked the request and will soon send engineers to carryout the road condition survey in order to establish the remedial measures required to improve the road condition"

"Let me assure the honorable colleague that my ministry will do everything possible to implement the required works in the 2015/2016 financial year" said Kasaila

Malawi Govt Ban Production, Marketing, Distribution of Liquor in Satchets

Malawi Govt Ban Production, Marketing, Distribution of Liquor in Satchets

Malawi National Assembly

Cabinet meeting held on 16th February, 2015 has decided to ban production, marketing and distribution of liquor in sachets.

Statement signed by Minister of Information Tourism and Culture Kondwani Nankhumwa says  the meeting decided to promulgate regulations under section 96 of the Liquor Act to govern the production, marketing and distribution of liquor.

"Following the decision, Government will not allow the packaging of liquor in sachets and in quantities lower than the prescribed minimum. This regulation will be published under section 96 of the Liquor Act as means of enforcing the cabinet decision."

Dr. Koholiwe Mkandawire shwoing one of the
packet of Alcohl in sachet: Picture taken at
Malawi National Assembly at the time
youth petitioned National Assembly to
alcohol in sachet

The statement is clear that Ministry of Industry and Trade shall work in consultation with Ministries of Justice and Constitutional Affairs, Local Government and Rural Development, Health, Labour and Manpower Development, Youth and Sports, Gender, Children and Social Welfare, Home Affairs and Internal Security, Malawi Bureau of Standards and Malawi Revenue Authority in order to enforce compliance.

Youth Campaigning against Alcohol in Sachet
during the time of petitioning the National Assembly

Judge Forced to Adjourn Attempted Murder Case of Mphwiyo to Wednesday when Kasambara Cross Examined State Witness in Furious Manner

Dr. Ntaba, Ndovi, Rashid Paraded as State Witnesses

The Judge presiding over the case of Conspiracy to Murder and Attempted to Murder Malawi's former Budget Director Paul Mphwiyo was forced to adjourn the matter when the accused and self represented lawyer in the case Raphael Kasambara cross examined fifth state witness in short tempered manner.

Justice Michael Mtambo has adjourned the case from Tuesday evening to this Wednesday morning.

Kasambara appeared in court together with four other accused persons; Pika Manondo and his brother Dauka Manondo, MacDonald Kumwembe and Robert Kadzuwa while Oswald Lutepo failed to appear due to heath grounds.

Raphael Kasambara in the day was cross examining a state witness Gabriel Rashid (Mphwiyo wife's brother-in-law) after recounting his encounter on September 13th, 2013 the night Mphwiyo was shot. 

Lilongwe High Court heard the witness saying at around 00:00 hours and 01:00 (midnight) left the house of Paul Mphwiyo to Kamuzu Central Hospital (KCH) taking with him clothes to be used in changing Mphwiyo and his wife's blood stained clothes worn at that time. He said few meters away from Mphwiyo's house while driving his Toyota Linux, saw a black double cabin vehicle likened by the witness to a Toyota D4D Hilux approaching him to his right hand side as if it was trying to overtake.

But the witness said as soon as the suspicious vehicle neared him to the right side, heard from the vehicle a voice instructing the driver to hit his vehicle. At that moment the witness said "was terrified" and like in a fast and furious movie, the race between the two vehicles began from Area 43 passing Ufulu Gardens road then went on to M1 road at Area 30 up until he made a swift turn to Lingadzi Police Station at Area 18 for help, the black colored vehicle left him. 

He said at the police station met with a female and a male police officers whom he cant remember. Rashid said police recorded his statement and later was driven to KCH by George Mwale a close friend of Mphwiyo who came to the station when learned that the witness was being followed by a suspicious vehicle. 

From the witness evidence that he was driven to KCH by George Mwale, Kasambara was in a very incensed comportment while demanding the witness to be exact on who drove him to KCH in the night of September 13th, 2013 from Lingadzi Police Station in area 18. Kasambara argued that the evidence was different from recorded statement the witness gave to state wherein is on record saying it was police vehicle which drove him to KCH. 

"Who exactly drove you from Area 18 Police station to Kamuzu Central Hospital?" inquired Kasambara in a very loud angry toned voice.

Immediately, the Director of Public Prosecution Mary Kachale stood up to interrupt Kasambara by asking the Judge to stop the lawyer from further asking the witness in such intimidating manner.

But in response, Justice Michael Mtambo said "In this case I am adjourning the case to tomorrow morning at 09:30"

That was not the only time Kasambara clashed with this witness. At the very beginning of cross examination Kasambara also asked the witness if he will be responding questions as "a human being or God". This was because the witness for several times said he out smarted the speed of the "black vehicle" by the grace of God and that God was driving his vehicle through him at time of the racing.

Highlights of what transpired in the court.

Earlier in the day, the state paraded other two witnesses Rhoda Ndovi a close family friends to Dauka Manondo and Dr. Hetherwick Ntaba a doctor who was called to give first treatment to Paul Mphwiyo who was bleeding heavily from the gunfire wounds as he gasped for life. 

The witness Rhoda Ndovi told the High Court that a panicked Dauka Manondo came to her house in the dawn of 14th September 2013 (just few hours after Mphwiyo's shooting) driving a Surf black in color. The witness said she asked Manondo reasons for coming to her house at dawn. She said Manondo answered her that he was running away from a gang which has just shot his friend (Mphwiyo) and he was afraid of being the next target as the gang may think that he also huge sums of money. She added that Manondo also asked the witness to take a bath at the house.

Later in the afternoon, the state brought Doctor Hetherwick Ntaba who gave recount of how he treated Mphwiyo at Medical Aid Society of Malawi (MASM) clinic in Lilongwe before reffered to Kamuzu Central Hospital (KCH). He said the treatment was particularly on stopping excessive blood loss. 

He said Mphwiyo was in "Life and death situation" 

Dr. Ntaba also told court about his experience in treating gunshot wounds. He said in United States of America, Philadelphia state, he in many occasions treated patients with gunshot wounds and in few occasions at KCH and at Queen Elizabeth Central Hospital (QECH) in Blantyre Malawi. 

The cross examination of the fifth witness by Raphael Kasambara will continue this Wednesday 18th February 2015.