Mphwiyo Shooting Case: Court Sets April 28 Day To Determine If Suspects Have Case To Answer Or Not

• Judge Tips State To Prepare Incase  Someone Has A Case To Answer 
• Oral submissions on 21 April 

The state in the case of shooting of former Budget Director Paul Mphwiyo has reached to a conclusion of parading its witnesses on Friday. The court which judge Justice Michael Mtambo is presiding the case has already set dates for submissions on case to answer or no case to answer and ruling on the same.

The court has set on 21st April, 2015 as date which all parties are to make their submissions on whether the six accused persons have a case to answer or not.

On 27th April, 2015 the court will convene to hear oral submissions and the following day on 28th April, 2015 the judge will make the ruling of whether to discontinue the case if no one found guilty or if there is a suspect or all suspect have case to answer.

The Judge has already tipped the state to get prepared now in case someone would have a case to answer. Judge Michael Mtambo said this would help the court not to be delayed but to begin trials immediately after the ruling is made. 

Meanwhile, the case has been adjourned to 27th April 2015 where all parties shall make oral submissions.

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.

Airtel Experts Analyzing Communication Web Of Mphwiyo Shooting Suspects

• Three Airtel Experts Appears in Lilongwe High Court for Call logs
• They are identifying exact locations where the suspects were communicating and phone numbers used

Three telecommunication savvy’s from Airtel Malawi were in Lilongwe High Court starting on Thursday to interpret call logs presented previously by one of the lead investigator Kankhwala Chilinda in attempted murder and conspiracy to commit murder of the former Budget Director Paul Mphwiyo.

The three officials expected to continue their examination in chief this Friday, were explaining how the system identify network tower being used and recognize the subject making call or receiving a call.

Among others, they were revealing places where the suspects might have been when they were making their communication prior to the shooting of Paul Mphwiyo and after he was shot.

From the call logs which have different phone numbers of Mphwiyo shooting suspects and phone serial numbers, are indicating how some suspects were communicating from various places and exact dates and time including the length of the call. The call logs are also indicating that some suspects prior to Mphwiyo shooting began their communication even from Bvumbwe tower in the southern region, some places in Blantyre, Namadzi in Zomba, in Dedza Central region and some places around Lilongwe and at Bwandilo market in area 47.

One call log traces moving subject from Bvumbwe in constant contacts with a person in Lilongwe and the following day such persons called each other using one network tower located at Bwandilo in Lilongwe.

Other call logs dated between 12^th and 13^th September 2013, the further indicates that such suspects had communication using network towers of city centre, Capital Hill tower and Area 43 network tower.

However, it was explained that there are no machines that record conversations of individuals which could be used to listen to what the said numbers were trying to communicate at that time.

After examination in chief finishes this Friday, the defense is expected to begin and possibly finish with their cross examination on the same day.

Airtel experts are part of state witnesses because are the people who originated the call log documents therefore are in better place to tender the documents in court to show that they released actual documents and are the ones who originated the documents. Though Airtel had given such documents to the police but criminal law would not allow police to tender such evidence to prevent issues of forgery and tampering.

BLM Modifies Its Condom Brand ‘Manyuchi’

Nicky Mathews (Middle)

Banja La Mtsogolo (BLM) says has done some changes to its condom brand “Manyuchi” in response to consumer preference and making the product more relevant to all users.

The rebranding of Manyuchi comes as a result of market survey done by BLM last year and the changes on the product address the feedback got from the respondents.

Country Director for BLM, Nicky Mathews says as Manyuchi is the core part of Family Planning Services for the institution, they considered it more important to solicit views from its customers on Manyuchi condoms.

Manyuchi new look

“We are responding to the market research done last year (2014), now we have changed color and scent of Manyuchi condoms. We have an updated condom which is better than we had on the market before” she said

She also said BLM has also done this because they still want Manyuchi to remain relevant product which makes people happy and appealing to all users as people use it in prevention of unwanted pregnancies and sexually transmitted diseases (STI’s).

The BLM’s country director emphasized that the Manyuchi quality and some features remain unchanged but its strong scent has been reduced whereby now the condoms have a moderate chocolate scented from deep chocolate scent with new packet looks.

Nicky Mathews (Left) and Mary Mitochi (Right)

Mary Mitochi, BLM’s Director of Health Services responsible for Operations has indicated that the research involved interaction with 800 people whom, 77% were in favour of Manyuchi condoms. However, said they pointed out issues of color, scent and pocket friendly packets as only requests made for change. Mitochi said only sexually active persons and uses condoms were the participants of this research.

She has also expressed hope that people should not expect to deep more in their pockets as a result of this modification, however, Mitochi has acknowledged that a slight change of price might happen as retailers are the ones who determines the prices for condoms.

The modified Manyuchi will be launched this Saturday 11^th September, 2015 at Silver Stadium where among other activities include drama and Live musical performances by Gwamba and Skeffa Chimoto.

Mphwiyo Shooting Case: State Restore Bail Revocation Application For All Suspects…

• The application Was Withdrawn Following Chalunda’s Change of Testimony

• But the state says has reversed the decision to prove its previous claim that suspects in the case have been interfering with and intimidated witnesses

The State prosecuting the case of attempted murder and conspiracy to commit murder of former Budget Director Paul Mphwiyo has made a turn back to a decision that requests Lilongwe High Court to revoke bail for all suspects answering the case.

In March this year following alleged state witness interference and intimidation from some of the accused persons, the state applied for the revocation of bail for all suspects.

But on Thursday morning, the State had withdrawn application to revoke bail for all suspects when a “hostile witness” Charles Chilunda changed his testimony. He told Lilongwe High Court during examination in chief that his audio affidavit claiming threats from some of the defendants was recorded after being forced by the prosecutors to do so.

The audio affidavit was played in court this Thursday, but Chalunda maintained what he said on Wednesday that he has no knowledge of any of the suspects and continued that his affidavits were wrong and he is therefore not a right witness.

However, as the case resumed in the afternoon after an adjournment for lunch break, Director of Public Prosecution (DPP) Mary Kachale told the court that the state has decided to restore the application for the revocation of bail for all suspects. 

Kachale made a prayer to Judge Justice Michael Mtambo that the state application be restored due to the interest of public on the matter and state insistence that its witnesses were interfered with by the accused persons.

In an interview to highlight more on the reversal of the state decision, Mary Kachale said the decision made in the morning of the day was done in a hurried manner. “So we sat down and considered the legal implications of the withdrawal and we knew that it is in the public interest and it is also in the interest of the state that it should be on the record that state has reasonable evidence and has put it before the court that its witnesses were interfered with.”

“This is because had we withdrawn, what it would have meant is that the court would have taken that record completely off. It would have been as if we were saying that actually the state witnesses had not been interfered with. So we did that to demonstrate that the state still is of the position that its witnesses had been interfered with and it should be up to the court to determine” said Kachale

Former Inmate Gets 8 Years for Prison Breaking, Another Gets 7 Years Imprisonmen for Theft in Ntchisi District

The Ntchisi First Grade Magistrate's Court has sentenced Foster Kambalakwa Phiri, aged 24, to eight years imprisonment with hard labour for burglary and theft.

According to Police Public Relations Officer for Ntchisi District Sergeant Gladson M'bumpha says the convict broke into Chikwatula Prison offices where he stole one set of computer and printer, all valued at K300 000 on the night of 28 March, 2014.

The court further heard that the convict committed the crimes after he had just been released from prison where he was serving a similar sentence for similar offences.

Sergeant M'bumpha says  Kambalakwa who comes from Kazonga Village in the area of Traditional Authority Malenga in Ntchisi, pleaded guilty to both charges and in mitigation asked the court for leniency, saying he is also serving another 12 years jail term for theft and burglary.

However, Ntchisi police PRO said when passing judgement, Second Grade Magistrate Young Ng'oma emphasised that the eight year sentence serves as a warning to other would-be offenders.

In a related development, the same court has sentenced a man, Laston Banda, aged 29, of

Chipelera Village, Traditional Authority Malenga in the district, to 7 years imprisonment with hard for burglary and theft.

Banda broke into and stole various items valued at K72 000 from the house of Mekrina Kansengwa on January 17 this year.

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.