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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guarantor
guarantor
8 years ago

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

kwaya uwotche
kwaya uwotche
8 years ago

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.

kwaya uwotche
kwaya uwotche
8 years ago

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

Mbanangwa
8 years ago

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

Wizeman Paul
Wizeman Paul
8 years ago

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.

vuto
vuto
8 years ago

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

vuto
vuto
8 years ago

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

chikoya
8 years ago

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… Read more »

Hoho..chatoloma
8 years ago
Reply to  chikoya

killers they must be dealt with ruthlessly.

tchaka
tchaka
8 years ago

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

OMEGA BEMA
OMEGA BEMA
8 years ago

Koma kasambala ndi team yake sadzatheka

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