Mphwiyo Shooting Case: Pika Denies Presence At Crime Scene

Pika Manondo, second accused in answering conspiracy and attempted murder of shooting Paul Mpwhiyo has denied presence in area 43, residential area of the victim and where the shooting happened in the night of September 13th 2013 as call logs trace him using a network tower of area 43 same night.

The second accused now in his defense was being cross-examined by prosecution on Friday morning especially to clarify his movements and calls he was making prior and after supposed hours Paul Mphwiyo was shot at the gate of his house in area 43.

It is suspected that Paul Mphwiyo who survived the shooting was shot between 23:00 hours and 24:00hours just outside the gate of his house in area 43.

With support of call logs and network tower location, Pika is traced to have used a network tower of Area 43 at 23:12 hours and other call logs indicates that he constantly exchanged calls with third accused Raphael Kasambara.

The State told court that it believes that Pika was in area 43 between 23:12 hours and 00:00 hours. 

However, the accused denies being in area 43 that night saying he was all night drinking in several bars with friends. 

When the question was put before him of his whereabouts between those hours of that night, Pika said was drinking on September 13th , and that level of his awareness was just “fairly high” but “not drunk.”

While admitting being tipsy with number of bottles he had drank Pika indicated that he could not remember exact times of when some events happened but recall making movements earlier that evening particularly from Chameleon bar to Chez-Temba night club via Pacific Mall in area 10 (neighboring area to area 43) where he stopped by at Vision Gaming club.   

Pika explained that he moved from Chameleon bar that night to Chez night club because he wanted to drink closer to home in area 47.

He has told court that he will bring Gostern Chinseu, one of the persons he met while clubbing at Chez-Temba that night. The issue of this witness however, brought some misunderstanding when State had asked Pika if that person is coming as an alibi witness.

Pika also indicated that after clubbing he went home but still could not recall precise time he left the club, “From Chez-Temba I did not go to any other place other than home in area 47” he insisted

He further told court that the morning of September 14th, he traveled to Dedza district then back to Lilongwe the same morning and went straight to hospital to see his friend Paul Mphwiyo. But Pika said could as well not recall exact time he wake up and left home for Dedza. 

Pika indicated to court that most of the questions from State were assumptions and at one point, he asked State to bring a witness who had seen him being in Area 43.

Apart from denying presence in residential area of the victim during the night of shooting, throughout the cross-examination with state, Pika denies possibility of some of the movements as call logs indicates.

He said it is impossible that him could at 23:12 hours be in area 43 then at 12:37 hours being in area 32 (near MCP House/Head Quarters) and two minutes later at 12:39 hours being in area 47 sector 2 as call logs indicates. Same call log later trace him making call at 12:47 hours in area 11 and therefore the accused maintains it was not possible that one can travel from one place to another within such a space.

But state told court that it suspects that such was the case because the accused was driving so fast and that since it was in the middle of the night with possibility of no traffic, he was therefore able to travel fast within those places while network towers capturing him as he was making constant calls.

It was also revealed in court that the defense are going to call Airtel experts to tell court the best and accurate technology used to precisely establish position of the subject making or receiving phone call.

Kasambara (in jacket)

According to explanation made by third accused, Raphael Kasambara when the state was continuing cross-examining Pika on the call logs, the Airtel experts who came in court last year, were only analyzing frequency of the conversations and location of network tower and therefore it implied that they were not precisely locating the distance the subject was from the tower at the time of making or receiving the phone call.

Kasambara indicated that the correct and precise technology to locate a person is cell phone GPS which defense would like the Airtel experts to explain more when they come back to court.

Kachale: questions Airtel new evidence 

“If Airtel will come to discredit themselves in this case then we will wait to hear from Airtel” reacted Director of Public Prosecution (DPP) Mary Kachale after listening to Kasambara’s explanation

The matter has been adjourned to March, 21st to 23rd March where the State is expected to continue with cross-examination with Pika. 

Also before adjourning, Court granted Raphael Kasambara to travel to South Africa for medication. Justice Micheal Mtambo allowed that lawyer Kasambara should travel on February 23 and return by February 29, 2016.

Ntcheu Man Gets 10 Yrs Imprisonment For Defilement Of Girl Aged 7

Ntcheu First Grade Magistrate court has sentenced to 10 years imprisonment a 29 year old man who was caught in act defiling a 7 year old girl in Ntcheu district.

The convict identified as Samson Maganga was arrested by members of community the afternoon of January 26, 2016 at Sharpevalley Trading Centre when a man passing by shouted for help when he red handedly catch the convict defiling the girl in unfinished building.

According to Sub Inspector Hastings Chigalu, a Deputy Police Public Relations Officer for Ntcheu district said a standard 2 pupil met her fate on her way to the trading centre to buy some groceries.

“Court heard that the young innocent girl suddenly was grabed by this irresponsible man and taken into a building under construction. He threatened to kill her using a knife holding in his hand if she dare to shout for help.

His pair of trouser hanging in the building caught attention of a businessman who peeped into the building and saw Samson Maganga on top of the young girl. And without hesitation, the businessman shouted for help and people came and arrested him.” Narrates Chigalu

“Court sitting at Kasinje Ntcheu, on February 11 2016, state prosecutor  Sergeant Daniel Phale asked the court to give the accused stiffer punishment considering the gravity of the offence and that the victim is a minor, but in mitigation the accused asked for leniency, saying he is the first offender and that he regrets the incident. 

But in his ruling, Ntcheu First Grade Magistrate Chrispine Sachuluka, conquered with the state adding that the death threats the young girl and Trauma suffered by the young girl will continue to haunt her for the rest of her life. To deter the other would be offenders he slapped the accused with 120 months imprisonment with hard labour.” explains Chigalu

Sub Inspector Chigalu also mentioned that Ntcheu police station is very much concerned with this​dreadful​behaviour and incidences and that police are doing everything possible to arrest the situation. 

"We have intensified our rural patrols in all T/As and we are working hand in hand with our Community Forums. 

We also want to appeal to the communities to report any suspicious activity to Police so that together we can create Ntcheu which is crime free, so we will relentlessly strive to protect life and property in the District” assured Sub Inspector Chigalu

The convict hails from Kalorila village of T/A Mthiramanja in Mulanje district while the victim comes from Magomero village of T/A Ganya in Ntcheu district.

Mphwiyo Shooting Case: Pika, Kasambara Conversations Were On ‘Katapila’ Business

Kasambara and Pika exchanged çslls and texts on
Loan Shark 

The second accused Pika Manondo answering conspiracy and attempted murder of former budget director Paul Mphwiyo has told Lilongwe High Court on Thursday that constant communication he was in with former Justice Minister, Raphael Kasambara on the day Paul Mpwhiyo was shot, was doubtless an issue to do with ‘Katapila’ (money lending) business he had with Kasambara’s brother.

Pika, now in his defense was being cross-examined by the State on call logs which were last year analyzed by experts from Airtel mobile company. The prosecution was trying to let Pika clarify what his constant communication with the third accused, Raphael Kasambara answering conspiracy in the ongoing case was all about.

At first Pika told court that he was not able to recall his memory on exact issues discussed between him and Kasambara through number of calls and texts they constantly exchanged the day their friend, Paul Mphwiyo was shot.

However, it was when the Director of Public Prosecution (DPP) Mary Kachale was so inquisitive on some of the evening calls and text that led Pika recollected that probably the main discussions were around a business between him and Sylvester Kasambara, brother to third accused.

Without disclosing what that business was, he said, the third accused, Kasambara was key in the discussions of that business because Sylvester used to consult his brother Raphael on several issues of that business and therefore Kasambara was directly speaking to him (Pika).

After seeking permission from Judge if it was necessary to disclose the type of the business he was doing following keen curiosity by state, Pika simply but a bit shyly explained that it was that kind of business where one lends money out to someone desperately in need that assistance and in return one gets an interest. 

His explanation led court concluded that it was a Loan Shark an illegal money lending business locally known as ‘Katapila’ but, Pika said his business was a bit different from Katapila because he was charging lesser interest and attaching better conditions but could not remember amount of money he was lent out to Kasambara’s brother.

Pika told court that it was unregistered business and it never had a bank account a development which led Prosecution to ask him if he was aware that doing such business and especially without registering was against the law.

However, Kasambara stood to oppose strongly the DPP assetion that it was against the law to do business without getting registered. He said there are a lot of similar unregistered businesses being done in the country but are not regarded as illegal.

Kasambara gave an example of ‘Bank Mkhonde’ (community loans and savings) as one of the best example where people are trading business of lending money without being registered.

McDonald Kumwembe, first accused who is a suspected shooter in the case, also stood to protest against DPP’s inquisitive on Katapila issue instead of going straight to the matter relating to shooting.

“Ine ndimafuna kuuza bwalolino kuti ndikudabwa kuti kodi mchifukwa chiyani madame DPP akungolimbikira nkhani ya Katapila. Katapila akugwirizana chani ndi mulanduwu. Nkhani yakatapilayi ikungochedwetsa mlanduwu ikuti taitsa nthawi.”

The cross examination by state, continues this Friday 

Failed Attempt To Sell Son Lands Man In 18 Months In Prison

First Grade Magistrate Court in Salima has sentenced a 25 year old man, Andrea Seveni  to serve 18 months imprisonment after court conviction of his sickening failed attempt to sale his biological son to prominent fisherman.

According to Salima Police Public Relations Officer, Sub Inspector Gift Chitowe, said the convict who hails from Kasina village of T/A Kaphuka in Dedza district planned do such a sordid business of selling his 8 months old son to a well known fisherman at Lifuwu Trading Centre. 

"Public Prosecutor sergeant John Kamphani told court that the convict went to the house of the fisherman." explains Chitowe, "There, he asked the fisherman if he could buy his 8 months old son but after being shocked with the news, the fisherman asked the convict to come another day for further discussion of this business. Immediately the convict had left, the fishermen went straight to police to report this disturbing matter to Lifuwu police who had the suspect arrested." 

Sub Inspector Chitowe said the prosecutor pleaded with the court to give the convict a stiffer penalty which will set as an example to others because his motive of willing to sell his own biological son is not only strange but as well immoral and offensive act. 

"When passing the judgement, First Grade Magistrate Alex Kamtiki observed that the behaviour of the convict was inhuman more especially now when people of similar motives take Albinos as source of money. He said the 18 months prison sentence is a good punishment to warn others who may wish to commit similar offences in future." Said Chitowe

Meanwhile, in Salima district a man has committed suicide on suspicions that he was tired of long time illness.

A 34 year old man Josam Frank of Mtula village T/A Mwanza District Salima has hanged himself to death in a tree over his health says Police.

"The deceased was diagnosed to be HIV positive in 2013 and was recommended to be on ARV treatment." Said Chitowe

"In the middle of night of 7th February a day he went to get his ART's at Salima District Hospital, he got out of his house as if he wanted to answer call of nature leaving his wife asleep. An hour went without his return forcing the troubled wife to inform her relatives about his sudden missing.

Then early hours of of 8th February the bereaved wife with help of her relatives began search of him and they found his body hanging dead from a tree just 20 meter away from home" explained Chitowe 

Sub Inspector Chitowe then advised members of the general public not to commit suicide as a way of solving problems because doing so, one inflicts much suffering to the bereaved family and all dependants.

Cashgate Case: Kalonga Ready For Restitution As Case Adjourns For Sentencing Submissions

Cashgate convict, Leonard Kalonga who is former Chief of Tourism, has told court that he is set to make restitution of millions of money he stole from Government as his case adjourns to 29th February for sentencing submissions.

The Lilongwe High Court convicted Leonard Kalonga and and is in prison pending his sentence for defrauding government money amounting to K3 billion between April and September 2013. He pleaded guilty to three counts and got convicted before Justice Fiona Mwale. 

The case has been adjourned to 29th February for sentencing submissions then, court is expected to set another date for sentencing.

The court has adjourned because the defense wants some ample time to make restitution of some of the assets that were stolen and another reason was an in-house between Kalonga and his lawyer.

Reyneck Matemba

The Anti-Corruption Bureau Deputy Director General Reyneck Matemba leading prosecution of the case  said the State did not object this adjournment request from defense because their main and ultimate priority is "to recover as much as possible and as much as we can"

"So giving somebody an opportunity to pay back we thought that was reasonable. But after 29th February we will not entertain any adjournment. We will proceed with or without restitution because we have our own ways of recovering assets" said Matemba

However, it is not known even to the State of how much money Karonga is set to give back to Government. But Matemba says the restitution by Karonga is most welcome.

"This is a very good development and we well come it" he said 

Former Chief of Tourism, Leonard Kalonga was found guilty and convicted of conspiracy to defraud government using forged documents and paid the money to bogus suppliers. 

Other charges includes money laundering of K520 million where he facilitated, a baited and aided acquisition of 6 Marcopolo Scania buses of Paul Mphwiyo and Money laundering which were proceeds of serious crime between April and September 2013 with other persons to a tune of K3, 252, 225 billion. 

Kalonga pleaded guilty to all charges and made revelation of genesis of Cashgate and named some of the key figures in government who became defrauders

He disclosed that himself recruited 17 companies to steal from government and in his voluntary confession statement, Kalonga also implicated former president Dr. Joyce Banda as person who instigated the scam for she wanted to use the money for 2014 General Election Campaign.

Mphwiyo Shooting Case: Kasambara Could Not Wait For Ash Wednesday After Bail Reinstatement

Kasambara was greated by friends and
 family as he was coming out from
court rushing to
attend Ash Wednesday 

On Wednesday evening, former Justice Minister, Raphael Kasambara unreservedly supported the State motion to have the case hearing adjourned to Thursday as the time was over so that he goes to Church that evening to join fellow Catholics for Ash Wednesday Mass celebration.

Kasambara who is third accused with case to answer on conspiracy in the ongoing attempted murder trial of former budget director, supported the state to adjourn at 16:30 hours just almost two hours after his bail got reinstalled.

Catholics on Wednesday celebrated
Ash Wednesday 

Ash Wednesday is one of the most popular and important holy days in the liturgical calendar as it opens Lent, a season of fasting and prayer and takes place 46 days before Easter Sunday. Priests administer ashes during Mass as a visible symbol of penance. The ashes are made from blessed palm branches, taken from the previous year's palm Sunday Mass.

A Catholic faithful, Kasambara said “I would like to join Madame DPP (referring to the Director of Public Prosecution, Mary Kachale) that court adjourn this time because I have to go to church, today it’s Ash Wednesday.”

Kasambara stood to express his support for adjournment just after the State through DPP Mary Kachale who was at that time cross –examining second accused Pika Manondo had reminded court that it was 16:30 hours, time for adjournment.

However, Manondo prayed for an extension of time because he wanted his defense be concluded so that he can start to call his witnesses. Manondo said adjourning at that time would delay the case because more time has been lost already.

Although, Judge Michael Mtambo ruled in favour of State and the third accused person Kasambara, to adjourn hearing for this Thursday morning, Mtambo also concurred with Manondo that time is being wasted and remin;ded the court that there is need for progress.

“But we keep on losing time” he observed and advises all parties by reiterating that there is need for progress so that the case is concluded in good time especially to ensure that the defense of Pika is concluded this week.

The cross-examination of Pika continues this morning starting at 09:00 hours

The bail reinstallement also brought excitement among friends and relations of Kasambara

Mphwiyo Shooting Case: Prosecution No Problem With Bail Reinstatement Of Kasambara, Kumwebe

Kachale: state respects court decision 

The Prosecution in the ongoing attempted murder trial of former budget director Paul Mphwiyo says respects the decision of the court to release two accused persons, Raphael Kasambara and McDonald Kumwembe from prison after their bail was revoked some few months ago.

Kasambara finally walks home 

“As State, our role is justice and when it comes to the interest of justice, the custodians are courts and the guardians are the courts.” Says Director of Public Prosecution, Mary Kachale in an interview after the defense hearing adjournment on Wednesday evening

“We make submissions and the courts are the final arbiter, so when the courts has said at this time considering all the other factors the court has considered, the Judge is of the view that the interest of Justice now weigh in favour of releasing the accused persons because all this time the case has progressed so well that we are actually going to the final conclusion they can go so that they can start to prepare the defense outside. So, we believe the justice is even handed so we respect the decision of the court” she said 

Before adjournment on Wednesday, the state was cross-examining the witness of Pika Manondo who is now in his defense.

The State based its questions on the alleged People’s Party (PP) scheme of supporting weaker candidate to run presidential race in the Malawi Congress Party (MCP) in 2014 Tripartite Elections.

The state was mainly seeking Pika to clarify on number of money deposits that McDonald Kumwembe had earlier told the court that they were made by Pika as payment on the alleged scheme which they were masterminding through devising number of tactics. 

The state argued that the pay was not chiefly for the alleged MCP Convention plot regarding contradictory evidence being given by Pika and Kumwembe on the same deposits and therefore state consider that those payments were for another business known to the two.

Pika continues to deny knowledge of some of the deposits allegedly made by him. He only acknowledged one deposit which he said was pay to Kumwembe for related to the scheme of supporting weaker person from MCP.