Defence calls Mphwiyo case a fallacy: Kasambara says its ‘trial by error’

The defence lawyers in the Paul Mphwiyo shooting trial has branded the whole case as a fallacy.

Trial by error

Kasambara: It has been trial be erros by state prosecutors

Former minister of Justice and Constitutional Affairs Ralph Kasambara is charged with attempted murder and conspiracy to commit murder alongside Macdonald Kumwembe who Mphwiyo identified as the shooter, Dauka Manondo, Pika Manondo, Robert Kadzuwa and businessperson Osward Lutepo.

Defence lawyer John Gift Mwakhwawa during his oral submissions on Monday before Lilongwe High Court Judge Michael Mtambo said it is a “script” written by Mphwiyo himself while Ralph Kasambara who is
representing himself said it is “a trial by error.”

Mwakhwawa said investigator Superintendent Kankhwala Chilinda never investigated the case but rather testified based on Mphwiyo’s version.

“My Lord, this is a script written by Mphwiyo and what Chilinda did was to find people to suit that script. Who funded it we will never know but is targeting one person among the accused,” said Mwakhwawa.

Mwakhwawa said there were a lot of inconsistencies and discrepancies among the witnesses with one being that Chilinda told the court that Mphwiyo told him the names of those who shot him in September. But the victim himself said he did not mention the names up to November because he was afraid.

“There is also an issue of the note which Mphwiyo supposedly wrote after he was shot which he gave his aunt, we wonder where it is and why the aunt did not brought before the court to testify,” he said.

He added: “We take it that she is a virtuous woman who did not want to lie before court.”

Mwakhwawa also questioned the motive of Mphwiyo’s waiting at the gate for two to three minutes before he was shot.

“In his testimony, within the said minutes he saw people sprung out of the bush, then why did he wait to be shot before he reacted? Instincts tell us what we could have all done in such circumstances in such scenarios where people we are afraid.

“In the face of danger, you don’t wait to see what will happen next, you run.” he said.

But during clarification, state lawyer Dzikondianthu Malunda said Mphwiyo did not react because after recognizing their faces, he thought they were in need of help.

In response, Mwakhwawa said the state’s case is confusing.

“These are the people whom he was afraid of, if then he was thinking that they were indeed in need of help, why didn’t he roll down the car window and ask them. Three minutes is a lot of time they could have even asked each other how their wives are,” he said.

Taking his turn, Kasambara said the state’s case is a “sad error, a trial by error “with the police role being pathetic aimed at securing conviction at all cost.

“Your Lord, Mphwiyo said he was afraid of me but why didn’t he report to the police? Again, if that was the case, why did he came home on the day of shooting,” he said.

But Director of Public Prosecutions (DPP) Mary Kachale said the State had presented enough evidence for a prima facie case for the court to find the accused persons with a case to answer.

Mphwiyo’s shooting at the gate of his Area 43 residence opened a can of worms into the plunder of government resources at Capital Hill in what has been dubbed Cashgate.

Meanwhile, High Court Judge Michael Ntambo has set Wednesday as the day he will rule whether the accused have a case to answer.

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49 thoughts on “Defence calls Mphwiyo case a fallacy: Kasambara says its ‘trial by error’”

  1. MpHaka says:

    osawasiya pokhaPokha cheni cheni chidziwike.Anthu kuphunzira kuti azitibera.Zitsi……

  2. CHEKUCHEKU says:

    Mbava Kasambara Uziona

  3. Mbanangwa says:

    Law is about facts and proving your facts beyond reasonable. This is why criminals, with intelligence, will always win. Law is not about chilungamo at all. Argue your case reasonably and you will get through. It is not. Kangaroo court.

  4. kasambara simungamuthe mwachepa

  5. Aferazao says:

    Government will surely lose this case because the DPP seems to have relied too much on fabricated lies which do not work in law.

  6. apundi says says:

    zatitopetsa za kasambara, osangomumanga bwanji. inu mukuona kuti munthuyu kwake ndi kupha, kuba, kuononga ndi bodza. gehena is waiting for you

  7. angoni says:

    Ndipodi kuombeledwa kwa mphwiyo tiyamike ndithu otherwise misonkho yathu bwenzi idakali mmanja mmanja. Panopo akubabe koma mwa timing.

  8. Malawianmom says:

    Kasambala just admited that what his housekeeper said its true, the two meet at his den. since pwinyo refused to live all the evelopes, they went after him,and pwinyo noticed his friends boys, right then he new they were after the envelope of the money in his car. oh!!!!!!!!! that is why he waited few mins. the guy saw his days getting numbered, I get it now.

  9. Malawianmom says:

    Just bring this case to traditional court. A case like this will be ruled in one day during my time. Pali chani apa.

  10. zaluma says:

    I have maintained the innocence of Raphael Kasambara. He is a victim of his competence and intellectual ability. As a holder of doctoral degree in Law from Harvard University in criminology, I do not see the merit of the case from the state legal team. I can predict that tax-payers will pay where it was not due. As diaspora Malawi, I sympathise with my fellow countrymen. May Allah guide you.

  11. Chikopa says:

    In criminal case, once the Judge say you have a case to answer, you are sent to remand to await sentencing unless you can seek court’s favour to extend your bail. The case’s conclusion is near babie.

  12. Dingiswayo says:

    Shame!

  13. This Is Malawi. says:

    So justice is based on who is more intelligent. If you have a good lawyer, you are a free man.

  14. KUCHITEKETE says:

    Malawians Malawians, please wake up….this shooting case is now meant to divert your attention from all those billions looted at capital hill. This case will drag on untill all of us start loosing the anxiety we were having over our looted cash. This is all being staged by these birds of same feathers running the Government now. I wish we were like South Africans who can execute even silly ideas with such unshakable oneness and vigour untill their interests are made known and given attention by those in authority. How can we be watching forever two greedy thieves spending even more tax payers monies in our courts at the expence of our looted monies case!!!???? Bwana Kapito, why not organise a march to push for a speedy conclussion of these cases am sure it is possible and we will definately support you.

  15. Syaosimo says:

    This Kasambara man had a hand in all these looting cases. Its just that he is clever and is taking advantage of our weak and untained prosecution team. He will one day be foolish in the eyes of our Lord. Kachenjerani lero mawa mudzapusa ndi dunia iyi.

  16. honesty says:

    THIS MPHWIYO CASE MAKES ME SICK, LETS FOCUS ON DEVELOPING THE NATION AND HELP PEOPLE ATTACKED BY XENOPHOBIA AND EXPERIENCED FLOODS.

    ITS VERY FOOLISH TO BE EXAGGERATING SO CALLED “MPHWIYO SHOOTING TRIAL”, HIS SHOOTING REVEALED THE CAT IN A BAG BY LETTING THE NATION KNOW HOW HE WAS STUPIDLY MISUSING TAX-PAYERS MONEY.

    ITS GOOD TO GIVE THAT THIEF LIFE IMPRISONMENT SENTENCE. WHETHER TRUE OR FALSE WE SEE NO ISSUE INVOLVING RALPH KASAMBARA, JUST BY MENTIONING HIS NAME HERE AND THERE TELLS SOME US THAT RALPH HELPED THAT USELESS MPHWIYO SINS REVEALED.

    THE COURT SHOULD QUICKLY JUDGE THE CASE REALISTICALLY NOT BASING ON MPHWIYO’S LIES, INDEED NO MAN CAN WAIT 3MINUTES WITHOUT RUNNING IN TIMES OF INSTANT DANGER AND CAN NOT STAY WITHOUT REPORTING TO POLICE ON LIFE INTIMIDATIONS.

  17. Akatswiri says:

    You are saying that the D.PP is not fit to be the D.PP? aaa mwatani kodi tiyeni tidikire mawa ndiye tidzinena zambiri kodi amalawi kunyozana bwanji.

  18. King Zude says:

    So what the maid said was true,,,,Mr Mphwiyo visited Raphael Kasambara on that fateful day,,very interesting..

  19. Charombanthu says:

    It has always been my conviction that this is a story cooked up and written by Mphwiyo as articulated by John Gift Mwakhwawa. A lot of evidence from the prosecution side does not add up despite the fact that they might have a very good case. Technically, the prosecution team has lost here if I was the presiding judge. Let’s wait and see….

  20. Oyamika says:

    A Jean Jella, why is Mary Kachale dumb? Mwarumidwa ndi mbava zi eti?

  21. Nkhombokombo says:

    Lets wait the ruling. After all this just a waste of money to build a case here. If the Gvt saw it fit that there is a case here why waste money to indeed prove that there is indeed a case or not for whole clean year? How long do you think this case will take to conclude if just to establish a case, if at all there is, has taken a full year? Just a waste of money here. After all there is a “shoot to kill” decree on all the thieves, these are thieves who stole and spent our moneys. Just let them kill each over the spilled catch. Shame on them!!!

  22. Namu! says:

    Hey Nyasa people! Do you want people to be reading your paper or what? What you should know is that your paper is the only releable one, but what you are putting now is scaring people including me ” graphic pictures”. Please that’s not fair. You should know that most people are very sensitive to such things. I think your explaination to what happened will matter than seeing pictures. Most of the times I am not even interested to go ahead to get more information because of the pictures. Please please be considerate to your readers.

    Thank you.

    Concerned Reader.

  23. Innocent says:

    kodi paja ma dam ang-ona anatha ndi Akamuzu, zi anthu izi zinakakhala bwino zitadyedwa otherwise misonkho yathu izingothela ku court. Fucken lawyer

  24. Mr. Phwiyo was shot and those who shot him were hired hit men. The whole conspirancy is a crime. Good defence or bad prosecution does not make the whole issue less criminal. Surely there is a case that has to be unswered. There is no error nor is it a fallacy. Get on with it.

  25. Zanga Phee! says:

    This case is not taking Malawi to any where,ask me why?Government officials are part and parcel of the Case.You can see yourself how weak they are and how the case is going through.This is baseless, time and money spent for nothing if they loose this woman must die because she is figurehead.See my name.We talking of billions here not thousands but you show your professionalism in simple cases like some one robing maize then you say we will give him stiff punishment because its maize which is our staple food.The weakest ever Court in SADC it will be this one if loose.See my name.

  26. Jimmy juga says:

    Shooting of phwiyo timely,good move in disguise otherwise all the money would have gone ,consider this mr judge

  27. Shawa says:

    IGNORANT MALAWIANGS

    Dont blame the court.its only hearing stage from state and defence team,not judge yet.

    Unless we stop political cases,the case will also be withdrawn like former pres Bakili Muluzi.

    ur targeting Kasambara in the cass,wait for compasations

  28. angoni says:

    Monse muja tazungulila ndi nkhaniyi, mapeto ake akhala otikomela a malawi? Ndalama zathu zabedwa ndi anthu onsewa, lero akukanilana ndipo akutipangitsa a malawi kukhala zitsiru sichoncho? Tikudikila timve zenizeni.

  29. amnzeru a kummawa says:

    Fallacy, trial by error! Tiuzeni zambiri.

  30. chakakala chaziya says:

    Kodi milandu ya kuba ya mphwiyo iyamba liti? Ndiyo tikufuna evidence is straight forward. State will now turn against mphwiyo? Kikiki uli mmadzi. Mpangazira Jb security personnel is providing security to mphwiyo now at courts. Why?

  31. James Phiri says:

    atambwali sometana. Ochewa omatelo.

  32. jonhs dumakuve says:

    The case is all a flop.Just a waste of time.Mphwiyo deserved some bullets for his greediness.He should be taken to task for plundering the little resources of the poor Malawian tax payers money.Her big money Momma JB has not helped him despite claiming on the podium with a very high voice that she knew the marksmen who were after masagwidi a phwiyo.Its time she came to Malawi to help his friend Mphwiyo.This mediocre leadership we have in Malawi will never amount Malawi to anything.Zidyani zindalama zanu za magazi pamene mtundu wa Amalawi.Mulungu akunkhatani pansi pompano.

  33. fisi matama says:

    Who don’t knw Kuti RK ndi munthu oipa? RK knws the truth,Michel Mtambo Judge,ndi wa nzelu kwambili, these guys have case to answer, believe u me let’s wait for wedsday morning. Kasambala ndi munthu oipa!!!

  34. Mapwiya Muhlupare says:

    pamapeto pake a Mphwiyo mufa bulu. Nkhani iwakomera a Kasamvara ndi anzao chifukwa inu mwakhalila chilungamo. Kuopa kuzipachika mu cashgate. Kasambara will walk free after deforming your face which now looks like a botched hip implant. Then later you will rot in jail after you are convicted of cashgate nevertheless. You will not have the required weekly South African hospital visits you get now when you are in jail. You will rot. Uku mafia akuwupeza ndi banja lake

  35. jean jella says:

    Mary kachale is dumb. Her arguments ngati she is not a lawyer. If she loses she must be fiired. Useless lawyer.

  36. Prophet Justice says:

    Sheeeeee, amangwetu you mean all this time the battle was for the judge to determine if the accused have a case to answer or not?

  37. Kadakwiza says:

    Very sad indeed this case is going nowhere.let us wait and see.

  38. MULHOPWANA says:

    I can c the state losing this case……..t wz inevitable anywy. Basi a khoti kungowonongapo ndalama za boma with no visible outcome. Mxxxiiii!!!

  39. Vavlov says:

    What we are waiting for is Mphwiyo’s day to testify in his own looting case. His shooting was a good thing, it revealed the level of looting taking place in a very poor country. Don’t treat this thief as a hello, he is a garbage, and a disposable idiot.

  40. moto says:

    Thisis jingo game not court case, why mukuyendetsa mulanduwu momupangitsa kasambara kukhala shasha this is cashgate too, how? 1: boma likuononga ndalama poyendetsa mulanduwu chikhalirecho akudziwa kut ali mbali ya individual. 2: amupambanitsa kasambala kenako boma likamulipira mamilioniwo agawana. Mwaichi cashgate yotere boma ndipovuta kuidziwa

  41. no case here all this is staged good nit

  42. Wakwathu Jim says:

    Trial by error

  43. On says:

    Koma nkhaniyi…ndiye yafika posekesanotu…kkkkk koma ziliko ku chilawidzi!

  44. Alfred Mgona says:

    Mukungokaba nkhani ngati wana bwanji? Nkhani zanuzi zikuoneka kuti zilibe tsogolo ndie bola kungozisiya coz ndalama za nkhani-nkhani zidabedwa apa pakupitilira kuonongedwa ndalama zomwe zikanathandiza mbali zina.

  45. Atcheya says:

    I thought this was a murder trial? So, you mean after all what has been going on, the actual murder case has not even started?? Wow!! Strange

  46. Zimukambani says:

    All efforts are invested here to bury the truth but learn it from me the truth will one da

  47. chakakala chaziya says:

    DPp alibe mfundo

  48. mtimuni says:

    DPP is very useless

  49. mpangazira says:

    Marry jachale has disappointed both me and paul mphwiyo in court today. She has list the case because she is not very intelligent. Shame

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