Court orders Malawi Police to return Kumwembe’s phone, driving licence

The Lilongwe High court has issued an order to the Malawi Police Service to surrender Nokia handset and driving licence for first accused person in the ongoing shooting case of Paul Mphwiyo,   former Malawi Defence Force (MDF) soldier Macdonald Kumwembe.

Kumwembe, who is answering two charges of conspiracy to commit murder and attempted murder with the second accused person Pika Manondo, asked the court on Tuesday to help him get his phone and driving licence which police is keeping.

Director of Public Prosecutions (DPP) Mary Kachale apologised to the court and asked for more time to speak with police who she says are the ones keeping the things.

Justice Michael Mtambo then issued an order that the State should tell the police to surrender the two items to Kumwembe within 10 days.

According to Kumwembe, Detective Chilinda is the one who took away his two phones and driving licence during his arrest in 2013 but after the court release order he was only given one phone and keep on walking to police to get the remaining phone and driving licence.

In interview, Kachale said the two items are in the hands of police as they were never surrendered to the State to form part of evidence as such it’s the police who are keeping the two items.

Witness of truth

The case which also involve laywer Ralph Kasambara who is also answering the charges of conspiracy to commit murder has since been adjourned to next Tuesday ,26th April 2016 where the second accused person Pika Manondo is expected to parade his last witness of truth from Airtel Malawi to tackle issues to do with GPRS and actual location point of calls.

On Monday Manondo’s witness of truth Gospel Chimseu, who is a businessperson, said on the night of September 13 2013 when Mphwiyo was shot, he met Pika Manondo at Chez Ntemba Club in Area 47 at 11.10pm as he was walking out to head home.

Mphwiyo and other witnesses have testified that he was shot around 11pm outside the gate of his Area 43 residence in Lilongwe on September 13 2013 before he was rushed to Area 43 Masm Clinic where he received emergency treatment on gunshot wounds.

However, DPP Kachale took Chimseu to task, arguing he had  been coached by Manondo to say the time they met at Chez Ntemba but Chimseu denied the claim.

“What would you say if you were told that the person you were with at 11.10pm was at Pacific Mall [in Area 10] at 11.12pm?” Kachale asked Chimseu.

But Pika Manondo objected to the  question saying he never told the court that he was at Pacific Mall at that time but he simply informed the court how he travelled from Bwandilo.

“It is the State’s assertion that the witness was using Airtel call logs and at 11.12pm it captured him in Area 43, but he claimed that at that time, he was at Pacific Mall. Mr Chimseu was brought in as a witness so he could tell the court the exact time they were together. That cannot be disputed. But you are not sure of the time when you saw Pika Manondo that night,” Kachale said.

But Manondo insisted that the Airtel tower in Area 43 captured him there because he was not stationary as he moved between Area 47 and Pacific Mall in Area 10 between those times.