Defence lawyer queries Airtel Malawi testimony: Mphwiyo case

Defence counsel in the shooting of former budget director in the Ministry of Finance Paul Mphwiyo on Friday took turns to poke holes in a call log testimony of three Airtel Malawi officials .

Wapona Kita: Quizzed Airtel officials

Wapona Kita: Quizzed Airtel officials

The three Airtel Officials, Revenue insurance and fraud management section employee Khumbo Mfune, Senior Radio and Transmission Manager Loyd Gowela and Blandina Noniwa who is Customer Care Assistant brought before court call logs which showed the suspects being in Lilongwe on the day of the shooting.

The logs showed that former Malawi army solder identified by Mphwiyo as the on who pulled the trigger, Macdonald Kumwembe on September 12, 2013 travelled from Bvumbwe through Namadzi in Zomba, Dedza and finally in Lilongwe with his last call recorded at 22:04.

His frequent conversations were with Pika Manondo and in some circumstances Dauka Manondo.

On the day of shooting, the logs showed that at 11:12pm Pika Manondo made a call and was captured by Area 43 Airtel tower.

Defense lawyer Wapona Kita asked if it possible for the towers’ radius coverage to overlap a notion which the witnesses agreed.

Things took a twist when Kita wanted to use Superintendent Kankhwa Chilinda’s exhibit IPD 13 which the prosecutors said they don’t know where the defence took the document from.

“Your Lord I want to put it on record that we disown this document until it is proven by (defence) counsel that the state owns it,” Director of Public Prosecution Mary Kachale told High Court Judge Michael Mtambo.

Later in an interview with Nyasa Times, Kita said he withdrew the document but insisted that it is an exhibit by the state.

Taking his turn, lawyer John Gift Mwakhwawa asked if it is possible for Kumwembe’s wife to use his phone at Dedza when welcoming her husband upon arrival from Mozambique.

“Yes it is possible my Lord,” answered Gowela from Airtel.

When asked if the Airtel data can not tell where exactly Manondo was in Area 43 on the night of shooting, Gowela said indeed it cannot say the exact location.

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.

There was no cross examination from Kasambara who is representing himself.

Meanwhile, Judge Mtambo has ordered both parties to tender their final submissions in two weeks .

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.

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58 thoughts on “Defence lawyer queries Airtel Malawi testimony: Mphwiyo case”

  1. guarantor says:

    Even towers overlap but each tower segment has unique ID that pricesly identifies a specific tower. This is what determines where the person was. No where to hide

  2. kwaya uwotche says:

    Imphwiyo saw him at the gate b4 he was shot and call log captured his call from area 43 airtel tower,he was in area 43 and this wa less than 1 hr b4 shooting incident.

  3. kwaya uwotche says:

    Why should the suspects’ phone call be captured in area 43 airtel tower ? Area 43 where mphwiyo was shot.area 43 where mphwiyoswa

  4. Mbanangwa says:

    Radius and overlapping transmissions are equivocal hence prove neither way. It is immaterial evidence.

  5. Wizeman Paul says:

    If they are not believing the call logs, just tell them to call each other and then print the latest call logs for them to compare. May be they can believe that this call logs are genuine.

  6. vuto says:

    Chikoya mbuzi ya munthu ukakhala umapita ku court sukadanena zimenezo. Government has goofed big time.

  7. vuto says:

    A big man amenewo ndiye maloto a chumba. Going to jail we you as one of state witnesses have failed to produce evidence?

  8. chikoya says:

    Defence thought that prosecutors will fail to prove that kumwembe was not outside malawi and case wil close but alas, they r in for a big shock. Towers can overlap but a phone uses only the strongest tower signal according to where a caller is. so, if the log shows that kumwembe phone was using a tower where mphwiyo’s house is located, it is obvious he was in that area at that time. the issue of the fon being with a wife is laughable, it shows defence r now cornered to prove that kumwembe was outside malawi when infact he was right here. I trust judge Dr michael mtambo will teach them a lesson. These guys have a big case to answer.Zigawenga zimenezi.

    1. killers they must be dealt with ruthlessly.

  9. tchaka says:

    Mwasintha topic anyani inu?- mesa munalemba zotamilira defence lawyers munvekere poking holes- mubweza ndalama zomwe mwadyazo ndithu

  10. OMEGA BEMA says:

    Koma kasambala ndi team yake sadzatheka

  11. BigMan says:

    These people are all going to jail, you cant fight against the call logs. The three were calling each other prior to the shooting and the shooter was in Lilongwe on the day of the shooting in the area where Phwiyo resides. The case is closed, not only on the murder charges but the money laundering as well.

    Even the judiciary is tired of these characters, what is left now is just sentencing.

  12. Piche Yakiti says:

    Kumwembe left Bvumbwe through Zomba via Deadza to Lilongwe. Was he along with his wife all the way so that the wife could use his phone at Dedza?

    A Mwakhwawa, are you in agreement with the use of the phone in the other places except for Dedza where the wife used the phone? Or are you saying Kumwembe came from Bvumbwe and went to Mozambique and left the phone with the wife at Dedza?

    Mumafuna kupha apa …….mukapanda kumangidwa mulandu uwu, ma court angosiya kugwira ntchito basi.

  13. kela mwampita says:

    Defence claim kumwembe left his phone with his wife in bvumbwe. And she welcomed him in dedza. Statedoesnt have contrary view on this. Call on manondo log shows tower ya person calling him and not manondo. Manondo s towers shows area 47 bwandiro.
    Was in court airtel works to defences favour

  14. Dee says:

    As I said in the 1st place mulandu uwu udzatha ngati wa muluzi thez pipo won’t go to jail that’s hw most political cases end and only the small fish go in coz they r escape goats. Hw long did it take 4 the otherz to go in? The amount that they took cn it b compared to that of kasambala, lutepo, phwiyo, JOYCE and company took? The large amout was taken by thez pipo being questioned nw. Y is it taking time to thro them in? Thez r the big fish they aint going in. Mayb they might get 1 or 2 from this group to act as escape goats but not all will. Its all drama they might also b protected by the gov.

  15. White Space Spectrum says:

    Those Airtel systems would have made sense if they could determine that at the exact time Mphwiyo was shot, the suspects mobiles left some cellular footprints within a reasonable radius of his area 43 radius. As they stand forget it, they can prove nothing.

  16. chilungamo says:

    this series is very nice than those acted by phillipines and Indians. Even Generation can’t surpus this. Our own CASHGATE SERIES kaya pano ndi episode yanji Bt I’m liking it bigtime

  17. Kapenandiye says:

    The defence has not punched holes in the aitrel call logs. Actually it is a weak argument being put forward by the defence. Look, the same defence especially Kita, in august last year told the court that Kumwembe was not in the country on that day and some days later. Does he then suggest (mean) that Kumwembe came back to malawi through Dedza post on the day of the shooting where he met his wife and left without entering Malawia. Oh!! What a coincedence. I want to believe that airtel also records voices which can be cross examined in this case to see whether it was a he or a she talking. The Passport issue and the call logs are the crucial evidence in this case. Look no further than that, they will be connerd.

  18. Guley says:

    One of the suspects should just confess in Jesus’ name

  19. Steve Nkhoma says:

    Let’s wait 4 a notable testimony 2b gven by de 1 whu z both a suspect en a defending lawyer

  20. This case has alot of loopholes.The state is missing out important facts.These guys will be compasated after govt fail to produce valid evidence against the defendants

  21. Justice lpk says:

    The issue raised by defence on the use of Kumwembes phone by wife at Dedza should not be interpreted literally. It looked a simple and stupid question but has a lot of meaning in the eyes of the law. It simply emphasizes the point that your phone cannot be your ID as it can be used by anyone anytime with or without your consent, legally or illegally. In short your phone cannot be ur ID in the eyes of the law. The journey continues….indeed holes punches in Airtel call logs

  22. Mhesha says:

    This agrees with what the Immigration guy testified by saying persons who travel across the borders of mw apart from having their passports stamped they also have their names entered on the traveller’s sheet. In both exit and entry cases Kumwembe’s name was not appearing. There was no signature from the said stamping officer. The guy never got out of this country.

  23. Milward says:

    Punching holes? Which ones now? They were just asking the obvious? Its a case of radius. What matters is how wide is the radius. Which husband gives his phone to a wife. So mkaziyo analibe phone yake kuti adziyimba ya amuna akewo? You are just grappling on straws. Punching holes my foot!!

  24. point blank says:

    Who told you there is justice on earth? Even the minister of justice is not Just. One day truth shall come out because something is telling me that somebody will confess on his hospital bed.

    1. Chapatali says:

      Comment come on

  25. wanyau says:

    Kasambara anyongedwe basi,amaziona ngati ndi dolo wa Law pomwe amagula ma judge!!God Hear Our Cry!

  26. makarios makarios says:

    zikusonyeza kuti ma umboni amafoni sathandiza atayeni

  27. Evidence says:

    The call logs established a network of the accused speaking to each other on the material day and it was intense on 12th and 13th. the defence would just complicate matters to bring issues of wives or theft. does it mean the thieves stole the phone ,use it and gave it back? and the wife used the phone to phone friends of kumwembe while in dedza but could not phone the husband. did she receive a foreign call to notify her of the arriving husband. no holes here.

  28. ujeni says:

    If the phone number of Kumwembe shows that it called Pika Manondo then the two communicted, no way can it be coincident that someone else used Kumwembes phone to call Piks Manondo. Dont play daft games you defence lawyers.

  29. Nyoni says:

    Inu even no.matter how hivht the bird may fry it will reach apoint when its need to go down and drink water its were Raph iz now. So akhaaa madzi and peter the big lawyer iz behind….so help me God

  30. Wafika says:

    Each tower has a radius and an area where they overlap so that you have continuety in transmission. so wait for further quizing from the other side. kaya zikupita kuti kaya

  31. mavuto says:

    how possible a person who was in mozambique was travelling from BT to LL, kumwembe tell nation the true

  32. mafunso mkumafunsa kuti if it my be thought that the towers indeed may overlap could it be possible that dedza tower can overshadows all towers in between the linear to pick area 43towers at that 100km or so distance? if it may be thot th phone was being used by a wife what busines had she at that hr linking frequently with the other accusd. doubts

  33. kambwali says:

    I said in the morning that chanco alumni arguing with someone who got a distinction in his degree and some sat under his class

  34. EYE WITNESSES says:

    Phodogoma thought am ignorant when I said the ID of my phone is not me…..any person can use my number…may be if we had CIRMS spy machine in operational…
    A Airtel adya money with Chilima influence koma azisanza ndalama zimenezo…Kasambala is yet to quizz them…

  35. Mulandu waonetsa kopitatu uwu inu nanga mukuonanso choncho? Is it not possible for tower radius coverage to overlap? Witnesses (officials from airtel) simply answered yes it is possible which means these were not in area 43 the time someone was shot at. It may mean that someone apart from the accused shot this man. And the fact that call records can not indicate the position or location defeats the state. So Kumwembe has never been near the area 43 the day Mphwiyo got shot hahahakikikiki. Mphwiyo identified Kumwembe as someone who shot him whereas airtel call records shows that Manondo was the one who was in area 43. What a mountain to climb. Government needs to grow wings so that she can fly on the same level with defence. Save us taxpayers next time.

  36. Masoambeta says:

    Masanje awa. Law yake yochepera kava. Yes it is possible to locate the exact location through triangulation.
    State should have brought outside prosecution to avoid such stupidity. Judge chancellor college, prosecutor chancellor college, defence chancellor college, suspect chancellor college, state witness chancellor college. Silly joke. Stupid.

  37. Chris says:

    Koma abale ichi ndiye m’mati chilungamo chamakhoti? mzanu zipolopolo zili nthupu,nkhaniyi should be transfered to 1st grade magestrate Nyakwawausiwausiwa,koma ine ndikanyenga kachibwenzikanga ka std 7 mumva zaka 9,komatu zachilengedwe ki..ki..k…….

  38. Nkhombokombo says:

    Is it not possible to have the recorded voices at those particullar places to reveal what the discussions well all about? You may suspect that it was about the shooting plan when it could be otherwise. These call logs may just elongate the hearing and prove nothing.

    1. Trueworths says:

      This amazing! I paid subscription for two months on a programme known as ” phone tracker” in Canada. I recorded all conversations including ma sms on numbers that I chose, but eih it ruined my marriage and depends on the type of software and phone, it gives you the exact time and GPS positions of both or all numbers. Airtel and Tech Mahindra, tell us the truth.

  39. Peter says:

    I see these guys in jail soon. They are murderers indeed. Cleverness has place and time and that is over for these mafias. Mark my words

  40. Makiu says:

    So if the wife was using the phone at dedza upon welcoming the husband then she also phoned the other guys later around area 43. no holes have been punched but only confirming the criminality of the whole group

  41. Afana APM says:

    Aaah, that’s a weak forensic evidence. If Airtel system cannot pinpoint the exact locality of where one was calling from, then that’s fotseki! Don’t even waste time talking about it.

    Anzanu ali ndi technology yoti can locate a mobile phone within a radius of just a few metres. I think Ku Malawi you’re still very backward, ngakhale mumangochita tukumutukumu.

  42. Kadesh says:

    How i’m liking the whole thing and at the end of it all THE LORD KNOWS WHO THE WRONG AND INNOCENT PARTIES ARE. The rest is just exhibition of what the profession requires-TACTICS.

  43. james phiri says:

    It is my prayer that justice should find its way. Anthu awa anaba ndalama za anthu osowa nkumamwera mowa, kuyendera juga.

  44. mthako wa alhomwe says:

    The use of call log will yield nothing as airtel does not have any feature to measure the exact distance from the tower to the location of the user. And issues of sector swap pose another hap

  45. peter Kasambara says:

    These are not big holes the defence has punched. One can clearly see through the holes and conclude that these people made those phone calls. A crook and Mafia like Kumwembe can not leave his phone with his wife. These are guys who use roaming services when they travel. Judge MTAMBO can not be fooled by the defence argument.

  46. tchaka says:

    So in your opinion you think the defence has pounched holes? You are lying mark my words you nyasa man

  47. Feranji says:

    HOLES OR SHOWED NAKEDNESS?OSAMATIKWEZA BP ZA ZII

  48. KWACHA DZUKNI says:

    Na apa wian ndiye amangidwa basi

  49. Kes says:

    The are are no holes that have been punched here. For starters the prosecution has already presented evidence that they is nothing to prove that Kamwembe left the country, which the defence hasn’t produced counter evidence. So then if it has already been proven with evidence that on probability Kumwembe never left Malawi, how can you then claim his wife was using his phone at Dedza when welcoming him from Mozambique?

  50. Tatyata says:

    Then the call logs of their wives should be checked, the truth will tell simple

  51. God's Favour Ministries. says:

    Judge please don’t listen to this evil mens tricks imean this rubish kasambala and company. Let them know that there’s no body above the law.

  52. Kadakwiza says:

    Malawians are watching very close.

  53. Kokotowa says:

    So is that poking holes or simply cross examination?

  54. Mbanangwa says:

    Airtel evidence has failed again. I quote Kasambara’s words, ‘there is no case to be prosecuted here’.

    1. Trueworths says:

      Your opinion may not necessarily be of the majority, including judges, remeber no one could take this type of accusation lying on their back and wait for the axe!

Comments are closed.