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.

Mphwiyo Shooting Case: Chalunda's Changing Testimony Forces the State to Use Audio Affidavit On Thursday

• Chalunda has insisted not to make testimony to a case which charged him of perjury

• He denies the suspects he previously claimed had met him before Mphwiyo shooting

The State in the case of Attempted murder and Conspiracy to commit murder of Malawi’s former Budget Director Mr. Paul Mphwiyo has been left with no option but to use audio affidavit recorded from its key witness Charles Chalunda who has completely withdrawn his earlier written affidavits and any evidence told investigators.

State witness, Chalunda who was brought to Lilongwe High Court on Wednesday following a subpoena is denying every statement which was taken by police investigators into the shooting of Paul Mphwiyo saying he sees point to testify to a case which he was convicted and charged of perjury.

The crucial witnesses in the ongoing case of attempted murder of former Budget Director Paul Mphwiyo in September 13, 2013 has also denied any knowledge of five suspects being accused of plotting to kill Mphwiyo.

Chalunda is the man who previously confessed to the police investigators that he together with McDonald Kumwembe travelled from Blantyre to Lilongwe on robbery mission, but everything changed when the two, met Oswald Lutepo at Bwandilo market in area 47 in Lilongwe who instructed them to shoot to kill a man named Paul Mphwiyo.

His affidavit taken that time, also indicates that after they were shown a picture of Mphwiyo, and later taken to see his house in Area 43 as well as places he frequents, they failed to execute the mission as one day were spotted by a lead investigator, Kankhwala Chilinda sharing K1 million part of their payment. 

After pulling out from the mission, Chalunda therein also said, few weeks later heard that Paul Mphwiyo had been shot.

However, Charles Chalunda withdrawn the affidavit saying he lied under oath. He also changed that the man who he met at Bwandilo was not Lutepo but Pika Manondo. This led to his conviction and subsequently charged with perjury by court in Zomba.

On Wednesday evening, Chalunda who looked so angry as he stood in the dock, had at the very beginning refused to take plea and said, could not continue making testimony to a case which has already ended him being charged with perjury. He even expressed wonder why the state had taken him from Blantyre to Lilongwe by an army of police officers.

It took several minutes including a 10 minute suspension of the court proceedings and other interventions to make him calm and accept to take an oath which he did after.

Though he took oath, Chalunda denied everything that Director of Public Prosecution (DPP) Mary Kachale asked him of his knowledge of prior plans and persons in the shooting of Mphwiyo as earlier stated in his affidavit.

Chalunda’s apparent unfriendly mood and responses during cross examination in chief prompted Kachale to make a request to Justice Michael Mtambo to declare the witness as ‘Hostile Witness’. Though the witness answered some questions but insisted that though he signed for two affidavits having different statement but whatever he said was a lie.

The DPP has therefore sought other means of presenting his testimony. This Thursday morning the state is bringing to court an audio affidavit which Chalunda had explained all what had happened pertaining to the shooting of Paul Mphwiyo and intimidation being made by some of the defendants.

Chalunda is one of the state witnesses who also raised an alarm to the investigators claiming that his life is at stake as some of the accused persons are issuing intimidation and had asked for police protection and be transferred to a safe place elsewhere in Mangochi district. 

His claim led the state to make a request though not successful but was asking Justice Michael Mtambo to revoke bail for all five accused persons. Such fears also prompted government to deploy more than 10 armed police officers at the High Court premises every time the case is convened for witness protection.

Two Court Clerks, Watchman Granted Bail On Ivory, Cocaine Theft

The two Court Clerks and one security guard of Mkukula Magistrate court have been arrested on a case bordering on theft by servant contrary to section 286 of the penal code.

The three who appeared before Magistrate his worship Paul Chiotcha of Lilongwe Magistrate Court on Tuesday this week to answer charges of theft, have since been granted bail 

Particulars of the offense are that the three on the night of 30-31March 2015 broke into the office of the exhibit courtroom at Mkukula Court and stole assorted items including 5 trunks of ivory and cocaine which was seizured from different suspects and were tendered in court as evidence, so they were being kept at the court.

The accused, Austine Mbisa aged 29 of Fundi village T/A Kilipula, from Karonga district Chisomo Saukila aged 32 of Sumani village T/A Changata from Thyolo district and the security guard Edwin Kalukusha aged 40 of Kachaso village T/A Kalonga from Salima district have since denied the charge as the state is expected to parade 7 witnesses to prosecute the case.

The bail on conditions for the suspects are to pay a bail bond of K50, 000 each, have two sureties to sign for them and report to Lumbadzi police every fortnight.

The case has since been adjourned to a later date.

Lutepo Likely To Be Acquitted In Mphwiyo Shooting Case...

• Lead Investigator Says Lutepo Was A Mistaken Identity

• The person who named Lutepo changed evidence 

Oswald Lutepo, one of the six suspects in the ongoing case of Attempted Murder and Conspiracy to Commit Murder of former Budget Director Mr. Paul Mphwiyo is likely to be acquitted by the Lilongwe High Court if what the lead investigator Kankhwala Chilinda told the court Wednesday morning is to go by.

The court was continuing with cross examination of Chilinda a lead investigator in this case and was being questioned of several issues pertaining to how he used every lead in the case immediately after taking up the role of an investigator to find who and what led to the shooting of Paul Mphwiyo on 13th September, 2013.

Immediately, as one of the suspect and self represented lawyer in this case, Raphael Kasambara had finished cross examination with Chilinda, it was time for Oswald Mtupila, lawyer for Oswald Lutepo who has been missing court appearances due to his health condition.

Mtupila went straight to ask Chilinda to confirm his earlier statement that Lutepo was found on Mphwiyo suspects list by a mistake made by as state witness who tipped off the police as they were carrying out investigations.

Chilinda confirmed before Lilongwe High court that Lutepo was a mistaken identity as it was confirmed by Charles Chalunda a state witness who was later convicted and charged of perjury by Zomba court in a same case.

"You investigated the case and you are telling the court that the person who informed you, about Oswald Lutepo later informed police that he made a mistake to mention Mr. Lutepo's name in the first place. And corrected that the right name was Pika Manondo, so there is no any other evidence apart from the one told you. Is that right?" asked Mtupila and got "Yes" reply from Chilinda.

Then, Mtupila made a prayer to Judge Justice Michael Mtambo that since there is no evidence against Mr. Lutepo's involvement in the Mphwiyo shooting, there is no purpose for Mr. Lutepo to be included in the case, therefore his client be extracted from the charge sheet.

However, justice Mtambo said Mtupila's request would be considered during the time when parties in the case will be making submissions on case to answer or not.

Earlier, Kankwala Chilinda said as an investigator did not consider sentiments made by former president Dr. Joyce Banda in Lunzu, Blantyre of her knowledge of persons who shot Mphwiyo a right lead to trace who carried out the shooting.

When Chilinda was asked by Kasambara reasons why the investigator had skipped authentic evidence publicly made by the "clean source who happened to be Commander In Chief of Malawi Police" at Lunzu, Chilinda said former president remarks were considered as not a right lead on Mphwiyo shooting incident because such remarks were made by a person who always gets information from police officers.

Ministry of Health Commends PACAM For Caring Over 3000 Children’s Through CPC Project

Jean Tauzie

The Ministry of Health has commended Palliative Care Association of Malawi (PACAM) for its several achievements made through a five year project, Children Palliative Care (CPC). The project has come to an end on 31^st March 2015 but since 2010, has reached out to over 3000 children that are suffering from life threatening illnesses (life limiting diseases) to access to a holistic care to ease their pain.

Through stakeholder’s meeting at the end of the project, several successes were revealed by the outgoing Project Coordinator Jean Tazuzie.

Tauzie said, for the past five years which DFID has been supporting the project CPC through PACAM has achieved its four objectives on advocacy, training, rights awareness and development of a policy for Children Palliative Care.

“Am happy to report that on Advocacy we have done a lot, we have made available various materials for advocacy, we met policy makers and provided an interface with children suffering from life limiting illnesses to voice out their problems.” She said

Jean Tauzie

“We have contributed in the making of the policy for Children Palliative Care (CPC), the policy is now being disseminated.  We have done rights awareness of both guardians and children themselves and we have also trained over 65 health care workers.” explained Tauzie

As the PACAM’s CPC project comes to an end, the outgoing Project Coordinator Jean Tauzie has also offered hope that PACAM is not stopping especially on conducting some of the activities that were being done in the CPC project.

“There are number of cases of chronic illnesses including sickle cell anemia, epilepsy, disability and cancer. Therefore as an organization of PACAM I understand children will never be alone. The project is phasing out yes, but PACAM is there to continue with some of the activities that we were doing in the CPC project” she assured

Jean Tauzie

With an aim of enhancing the life of children suffering from lifelong illnesses and relieve them from adverse pain, Children Palliative Care (CPC) project has been providing a range of medical services for free through three main Central Hospitals of Kamuzu, Mzuzu and Zomba. It has among others advocated for availability of medication that prevents occurrence of pain like morphine in such hospitals.

Ministry of Health Palliative Care Desk Officer Immaculate Kambiya said the ministry is impressed with tremendous achievements CPC project has made, saying the project has assisted Malawi government in helping children suffering from chronic illnesses to live a quality life.

She said as the project comes to an end, the Ministry is taking the up the role and add it in Ministry of Health Palliative care Programme so that the ministry reinvigorates such commendable achievements from where PACAM through CPC project has left.

“Ministry of Health is already implementing Palliative Care as a national programme. Since this programme is phasing out, as a ministry we will continue with the project.” Said Kambiya who assured of the continued success stories of the CPC issues as government will continue from its Central Hospitals where the PACAM’s CPC project was being implemented.

She said among the planned activities to reinvigorate the project are more trainings for the health care workers so that CPC services can be rolled out to district hospitals and be closer to the people for a wider reach as well as monitoring and evaluating what is already on the ground with the core of increasing access to CPC for all children in need of such services.

Kambiya further guaranteed that, Palliative Care initiatives have already been planned for in the Ministry of Health implementation plans and CPC was already incorporated as one of the programmes the ministry is to put into action at the national level.

President Mutharika Asks Tobacco Buyers to Give Fair Prices to Farmers

President Professor Peter Mutharika has asked tobacco buyers to give growers fair price as the market season kick start this Wednesday.

The Malawi leader was speaking at Kamuzu Palace on Tuesday evening during an audience with tobacco buyers where he stressed that he considered it necessary to hold meeting with them as the market season begins.

Before the meeting was held in camera, President Mutharika made two significant appeals. He asked tobacco buyers to give tobacco farmers fair price this year so that they benefit from their sweat, he also appealed to both buyers and seller the need to ensure that this year, should be a smooth market season.

President Mutharika hinted that the meeting was to discuss some challenges being faced by tobacco buyers and chart a way forward and looking at grey areas that surround  tobacco buying systems particularly on contract farming.

He spoke highly on the need to explore means of ending challenges that farmers are experiencing on contract farming especially on  Integrated Production System (IPS) which among others farmers are complaining that they do not have a bargaining power for their product.

President Mutharika however, stressed that "No matter what the system is used in the buying of tobacco" but  growers must have a fair price.

He also asked farmers to ensure that they bring high quality tobacco to the market floors and should refrain from practice of mixing tobacco with foreign objects as this may diminish the interest of buyers from buying their tobacco.

His excellency Mutharika also assured the stakeholders that Malawi government values them as key players in the tobacco sector. He further expressed government commitment to work with them and resolve all challenges in the tobacco sector.

Representative from tobacco buyers while thanking government for its positive approaches in the tobacco sector and pledging commitment to ensure that they grow their businesses together with farmers. They have also assured government that they shall remain true partner of Malawi government in the tobacco sector.

Among stakeholders that had an audience with President Mutharika includes, ARET, Alliance One, JTI, Malawi Leaf, TAMA and Limbe Leaf.

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.