Man, 49, Admits Having Anal Sex With 15 Year Old Boy: Sentenced To 9 Years Imprisonment

Girls kissing 

A male security guard has been sentenced to 9 years imprisonment after admitting having forced anal sex with his junior, a 15 year old boy, between September and October 2015.

The convict Epharaim Kangandula aged 49 who hails from Njalam’mano village of T/A Saimoni in Mneno district had anal sex with the boy in two separate occasions when both were on night duty.

Lilongwe Senior Resident Magistrate Court heard on Wednesday 13th January 2016 that both the convict and the victim were employees for Maka Security Company in the capital, city Lilongwe, and that the convict was a Security Supervisor.

Court heard from Police Prosecutor, Sergeant Daiton Phiri that in two separate occasions between 30th September and 5th October 2015, Mr. Kangandula had sexual acts with his male junior and these incidences happened at their office premises.

The prosecutor, explained in court that on the first occasion, just like it happened on the second day, the convict told the victim that they will work together at the office during the night. But in the middle of the night, the convict invited the young man into a dark room and switched off his torch when the boy entered the room.

Court heard that in both occasions, Mr. Kangandula, would lay on his back naked, ordering his junior to perform foreplay on his genitals. Then, he would order the boy to remove his pants while he stands in a bend position and have anal sex afterwards.

The prosecutor, Daiton Phiri, said, in all occasions, the young man was warned not to reveal the sexual ordeal to anybody and that if he does he will be killed.

Court was further told that, few days after the two separate incidences, the boy had abnormal stomach pains while at work and was sobbing  incessantly and was given pain killers by the convict. However, the pain never stopped and was forced to privately disclosed about the sexual encounter with his supervisor to his trusted workmate who took the matter to Area 36 Police Unit.

Kamuzu Central Hospital examination proved that there was canal knowledge.

On Wednesday, the convict asked court during mitigation that he wants leniency because he is old.

However, the Police prosecutor, Daiton Phiri prayed for stiffer punishment “This practice is unacceptable; in our laws, even in our cultures and our religious groups. More unfortunate thing is that this has happened to a young boy who is now traumatized by this incident. We pray for a stiffer sentence to deter the would be offenders”

In his verdict, Senior Resident Magistrate Paul Chiotcha said such acts are criminal in the country and agreed with prosecutor that it was sad that the incident happened to a young man. 

Before sentencing the man to 9 years imprisonment, Chiotcha also asked for good protection of young male victims in these incidences.

Public Hospital Problems: Everyone Needs To Support Hospitals

• A Health personnel believes Communities can help to end Public Hospital Woes just like they did during Chrismas and New Year Festivities helping Patient's 
• He said more company's and individuals came to help patients but forgotten hospitals striving to provide good care for patients

Kedson Masiyano

The noble gesture of hospital visits to share gifts with patients as part of festivities for Christmas and New Year may actually be unforeseeable lesson to communities that in the same manner they helped patients, they can make a collective efforts to end uncountable challenges facing public hospitals.

Says Kedson Masiyano Chief Clinical Officer for Area 18 Health Centre in the capital, Lilongwe, that the trend if continued throughout the year with focus on supporting public hospital facilities could be a problem solving for numerous challenges in hospitals.

He said during New Year and Christmas Festive Season Area 18 Health Centre saw a lot of well-wishers, companies and institutions coming to support patients admitted at the hospital. 

He said this noble course was done as the public hospital like many others, continue to experience number of problems while trying hard to save lives of patients.

He said communities around public hospitals like Area 18 Health Centre can draw a lesson from the spirit shown during festive season by taking ownership of their nearby hospital and start to solve the challenges so that people can start to see improvement in the quality of services from the public hospitals.

“Since this hospital is our hospital, people should take responsibility and ownership of the hospital by not expecting that Government can do everything.” Said Masiyano adding "Government has a lot of issues to take care of"

Masiyano said in an interview that the better way of solving public hospital challenges which includes insufficient beds and other hospital equipments is through ownership by communities than just sit and wait for government do everything.

“I urge companies and well-wishers to come forward, this is our hospital. Let’s assist where Government may not reach, in that way we will make the health of the people around this area better and in that way we will also help to make our health sector move forward” he said

At the moment, public hospitals are experiencing number of challenges including shortage of drugs, fuel for ambulances and beds due to inadequate funding from Government. Companies, institutions and well-wishers celebrated with the patients in hospitals across the nation, but probably overlooked the aspect of assisting also the public hospitals which are trying to save lives.

Mphwiyo Shooting Case: Mpinganjira Not Ready To Testify As His Summon Delayed

Brown Mpinganjira

On Thursday, Brown James Mpinganjira, failed to give testimony in the ongoing attempted murder case of former budget director Paul Mphwiyo because summons which were sent by the registrars’ office never reached his hands.

Mpinganira, former People’s Party (PP) Vice President for the Southern Region was expected to stand in court before Justice Michael Mtambo to inform the court what he knows about the attempted murder of former budget director Paul Mphwiyo in September 2013.

Judge presiding the ongoing case, Justice Michael Mtambo directed court that following evidence, it was necessary to call Mpinganjira whose name has been mentioned through ought. Victim, Paul Mphwiyo was first to name him when he told court that prior to his shooting former minister of information, Mpinganjira alerted him that people who are threatening him to make dubious payments had given him ultimatum of 10 days to live if he continues not to comply.

On Thursday morning, the former Mulanje Central Legislature, Mpinganjira, actually presented himself to court and held closed door meeting with both parties where he informed them that he never came to testify because court summons never reached him therefore he needed more time to spend with his lawyer since he was not ready to testify.

Chibwana

“What happened was that there was some kind of communication breakdown.” Explains Enock Chibwana, state advocate, “The one who was sent to Blantyre to give him the summon was "told that Mr. Mpinganjira lives in Mulanje and he did not travel to Mulanje to hand him the summon. Unfortunately, this information was never relayed to the court”

However, Chibwana said “Had he relayed the information that there was need to travel to Mulanje we would have done so. But since there is proof that he wasn’t served with the summons it is in the interest of justice that he should prepare himself before he takes stand”

 

Director of Public Prosecution, Mary Kachale informed court after the closed meeting with Mpinganjira that he will testify in the next sitting of court scheduled for  27, 28 and 29 January, 2016.

Later, in the day, Chief Secretary to the Government, George Mkondiwa who testified around ministerial engagements which Kasambara had starting on 13th September 2013 the day Paul Mphwiyo was shot and on 14th of September.

Mkondiwa replied to Kasambara during cross examination that "it would be surprising" to hear someone stating that on 13th September Kasambara was with Mphwiyo around 3pm following tesimony last year by his former nanny who claimed that on 13th September Kasambara was with Paul Mphwiyo who was later shot that night.

Later, the court heard testimony from Mercy Mwadiwa from Reserve Bank whose testimony concur with that made on yesterday by an economist Daniel Jenya that there was investigative meetings early September on suspicious rise in government expenditure immediately Paul Mphwiyo was appointed as budget director.

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: 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: Mpinganjira Fails To Appear In LL Court

Brown James Mpinganjira, has failed to appear before Lilongwe High Court Office to testify on attempted murder case of former budget director Paul Mphwiyo.

Court ruled to subpoenaed Mpinganjira following testimonies which are connecting him to the case. Victim, Mphwiyo said Mpinganjira had sent him early warning of plans to murder him.

At the beginning of the case this morning, however, Director of Public Prosecution, Mary Kachale informed court that Mpinganjira will not make it to the court because he did not receive the summon.

She said the office of the registrar acknowledged that they had sent the summon very late and that the registrar had not received acknowledgement of receipt of the summon from Mpinganjira.

Kachale said Mpinganjira will testify in the next sitting of court expected  from 27, 28 and 29 January, 2016

Mkondiwa

Later, Chief Secretary to the Government, George Mkondiwa who testified around ministerial engagements which Kasambara had starting on 13th September 2013 the day Paul Mphwiyo was shot and on 14th of September.

Mkondiwa replied to Kasambara during cross examination that it would be surprising to hear someone stating that on 13th September Kasambara was with Mphwiyo around 3pm.

Later, the court heard testimony from Mercy Mwadiwa from Reserve Bank whose testimony concur with that made on yesterday by an economist Daniel Jenya that there was investigative meetings early September on suspicious rise in government expenditure.

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.