DPP insists on ‘mafia-like’ operations in Mphwiyo case

Director of Public Prosecutions (DPP) Mary Kachale has maintained her stand that the defence in the case of the shooting of Malawi’s former Ministry of Finance budget director Paul Mphwiyo is employing ‘mafia-like operations’, allegations that led to a heated argument in court.

Kachale; Mafia-like operations, its a fact

Kachale; Mafia-like operations, its a fact

Kachale said she cannot withdraw her comments that the State is dealing with mafia-like operations, saying it is a matter of fact .

Defence lawyer John Gift Mwankwawa asked the court to remove the comments from the court records, adding that Kachale should apologise, but the top prosecutor stood her ground.

“I’m an officer of the law and I stand by what I said. I am not going to apologise. The state has reasonable evidence to conclude as such,” charged Kachale.

Presiding High Court judge Michael Mtambo  has said he will make his ruling when the court reconvenes from 27 of April, 2015 after prosecution closed its case.

Former minister of Justice and Constitutional Affairs Ralph Kasambara  is answering charges of attempted murder and conspiracy to commit murder alongside Macdonald Kumwembe who Mphwiyo identified as the shooter, Dauka Manondo, Pika Manondo, Robert Kadzuwa and Osward Lutepo. Lutepo, who has been exonerated by lead investigator, is yet to enter his plea while the other suspects have pleaded not guilty.

Mtambo then directed that both state and defense lawyers should make written submissions, arguing for case to answer, for the State and No case to answer for the defense by the 21st of April, 2015.

He also told both parties (State and defense) that each would be accorded 15 minutes of oral representations for case to answer for the state and defense team before making his ruling.

The state paraded lead investigator in the case, Assistant Superintendent Kankwala Chilinda, Kasambara’s former maid, Jesse Mussa, Doctors Carlos Varera and Hetherwick Ntaba and Mphwiyo’s guard among others.

Mphwiyo was shot outside his home on September 13 2013, an event which seemed to have unravelled the massive plunder of government resources at Capital Hill later dubbed Cashgate.

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72 thoughts on “DPP insists on ‘mafia-like’ operations in Mphwiyo case”

  1. makonzo says:

    give the qualified guys a chance to complete the case.

  2. As every seasoned judge not these you can buy ,ask every seasoned Lawyer ask Bingu the answer is one “MAFIA”

  3. Vavlov says:

    Shooting Mphwiyo was excellent – it has unearthed the cashgate. You can imagine if the looters were not known, Malawi could be much worse off by now. When is Mphwiyo appearing in court for his loot? This guy should be in jail. The state shouldn’t be protecting this thief

  4. change your life says:

    Zandile you cant talk of mafias who want to defeat justice when state evidence itself is manufactured evidence. State itself has mafias likes of chilinda, kalemba former DPP and makwinja who coined the evidence to implicate ralph kasambara. Now if state has clear mafias amongst themselves and state witnesses are revealing that in court like chalunda you are right malawi is a state of mafias just as peter mutharika rigged elections in mafia way

  5. vuto says:

    GRM wabodza mary has no facts apart from her manufactured evidence. I was in court when her own key witness disowned affidavit. He said government manufactured that for him. So make your honest and intelligent conclusion if mary is as brilliant as you think. Problem herw is not mary, major problem is mphwiyo himself who chose to hide the truth. Mphwiyo knows who shot him and why. He was with leonard kalonga at goaf club trying to share some k200 million amongst themselves. Mphwiyo became greedy. The conflict started from there. This is the truth

  6. zandile says:

    She is right. We have mafia in Malawi and the was to defeat justice.

  7. Lydia says:

    GRM – Nice try, but I’m in the States and I don’t know either of these guys. I just follow the news on Nyasatimes and the Nation. It’s always advised to look at issues with an unbiased mind. It’s unfortunate that our Malawi looks at who you know – friends or pachibale or wakwithu or what’s in it for me, instead of focusing on the truth! Should we continue this trend, we’ll never win any cases except for those akuba mbuzi, etc. Without the involvement of lies, I’m sure we could have sent both Ralph, Paul and many involved in the Cashgate away and throw away the keys in Lake Malawi. At the rate this is going and where things are turning, it’s very doubtful we’ll get anyone. It’s a crazy country out there! GRM – it’s not hard to see the facts unless you choose not to! Remove your blinders.

  8. kwachambo says:

    the progress of the case is really awkward

  9. GRM says:

    Some of the comments are from Kasambara himself alias Lydia. Takudziwani. The DPP is spot on. Cashcaters acted as Mafia coz they are Mafia. Mary is not only beautiful but intelligent young lady. The student will jail this Mafiaso former lecture.

  10. Malawian says:

    This case is a waste of time and money. These people know the truth, they just want to fool the nation and the so called donors.

  11. Mbanangwa says:

    I pity the DPP . Law is about facts and proving the very facts right.

  12. collins mwanjabe says:

    Mary kachale game yamukulila. Police investigator says paul is a liar. Meaning he also lied about who shot him. And who can believe that kasambara can hire a shooter abd escort him to watch the shooting

  13. thiodora fanrosam says:

    mary please the case is too big for you.Surrender the DPP position to APM.go and practice your law at a village level as a vH councillor.Stupid lady.

  14. Lydia says:

    This case was butchered right from the start. Why? It’s because Joyce Banda knowingly tried to change the facts of the case by protecting Paul Mpwiyo. As an observer, out of Malawi, here what may have happened. Mpwiyo was in possession of a stolen vehicle and probably was shot for duping some dudes out of money. At the same time, Mphwiyo and Kasambala were tussling over how to divide their stolen shares – Mphwiyo anamponda Ralph. However, when the shooting occurred, he decided to hang Kasambala for fear of incriminating himself in the “car dealings.” In addition, JB got involved too quickly and believed Mphwiyo and as the whole world knows, she said she knew who tried to shoot Paul! They’ve tried to feed Paul with what to say from the start so that they can tie Ralph to the case, and that’s why his stories don’t add up. Paul couldn’t keep up with his own lies, including implicating his wife in the same deal. Had it been that he was honest, this would have been a slum dunk case. The government wants to hang one big fish so that they can start getting their aid, but may end up with none. Mary Kachale is now saying defendants are acting like mafias. Of all people, Ms. Kachale should know that you don’t speak like that as a lawyer – just show us the evidence. Without evidence, then don’t say it! This is JB number 2! I know the people that tried to kill Mphwiyo, okay then, show us the evidence. Basitu gooo! Don’t utter words you can’t back up with evidence – nanu mwayamba kubwebweta.

  15. Kodi bwanj DPP asapanga hire Clive Stanbrook who is still around running Toreza Farm in Balaka? Why rely on cashgate accomprice to represrnt/defend cashgate suspects?

  16. Liberalist says:

    Charges are charges until proven beyond reasonable doubt they remain charges. Malawians must understand Mphwiyo is a Lomwe. It was the naivity of JB to maintain him as budget director also called Cashgate director, who was a operative of DPP within JB circle. Sorry JB! Mphwiyo is one of the cashgaters that wanted to spill the beans when he knew that he had milked the thin cow Malawi for too long on the grounds that he was pestered by a group of his fellow cashgaters. Cashgating was started by Atcheya, perfected by Dr in economics Bingu, messed up by Naive JB and re-energised the Prof. in Law APM: NACGATE and Journogate

  17. Fumu says:

    Muluzi case is back in court and is in the country. Why is JB not in Malawi to answer in court?She is a woman of courage but that is not showing now, She should come back, one or two days in jail will not kill her and third day will write a graffiti on the wall.

  18. both of them are tumbukas ,so do we wait for any change there absolutely no

  19. Chemberanji says:

    I dont understand the whole case to say the judgement will determine whether theres a case to answer or not.

  20. matako says:

    murder cases can not be won based on speculation. there has to be sufficient evidence linking the accused and the victim. Phone records, without murder weapon and the placing of the accused at the place of the incident does not hold water. I think prosecution is losing badly. Not only do they see the case collapsing right before their own eyes, but also the well (so they thought) coached witnesses are falling part. Kasambala is going to walk mark my words.

  21. vuto says:

    Vuto mphwiyo himself never told the truth. So his would be killers will be freed

  22. Mazulu says:

    We are behind u Mery,u are really doing fine dispite these mafias u are dealing with have much experience but God is with us.

  23. sakala Francis says:

    Zondi mbuzi ya munthu umboni palibe anthu amangidwr chifukwa cha ma donors? Pathako pako. 0997867561

  24. sa kalanga says:

    Zondi ndiye chitsiru cha munthu. Thinks judges go by public opinion. Stupid they look at evidence. So far evidence available is useless. So you want a kangaroo court because you think they have to be jailed. Very stupid thinking. Focus ukunena iweyo ndiyo yiti? Bwanji sudakapereke umboni? Mwinanso ndiwe mary kachale ukulemba

  25. sa kalanga says:

    Judge goes by available evidence not by public opinion. Ndiye olo munene kuti judge knows cashgate koma umboni simudapereke ndiye ayendere nzeru zanu?

  26. Zondi says:

    I think we should not lose focus the fact is Paul Mphwiyo was shoot in that fateful september fortunately he did not die as the killers wanted….our learned Judge Mtambo is not blind he knows that this incidence uncovered the famous cashgate where billions of tax payers money was lost and the consequences led to the down fall of the Acting President JB in a general election where she lost badly un usual to an incumbent….this just show how seriuos the Paul Mphiyo incident produced……if these cases are handled immature by the judge the consiquences are clear in the eyes of malawians…..we know MPhwiyo has alot to tell malawians but the fact is he was shoot by people who thought they get with it that was poor planning….Judge Mtambo malawians are waiting for this historical case Donors are watching too… interestingly thanks for the courage

  27. Shonayi says:

    Anthu ena ndi zitsilu makoment opanda ndimutu omwe.

    1. o'Betha says:

      Ngati komenti yakoyi, Shonayi

  28. Juddaist says:

    I know most of the accused and they are expert mafias to the core. My aasertion are not in line with Mary Kachale’s thinking or observation. They have been mafias for a long time. They fear nothing and no-one. If you are following the case and look at what has been happening, you will see. Mafias at work to redeem themselves from jail and they seem to be winning it.

  29. mthako wa alhomwe says:

    CommentThis woman. We need a man there.

  30. wawaruh says:

    tsopano zafika pa uve

  31. kela mwampita says:

    Was in court. Mary was so out of depth. She cldnt keep up with kasambara and mwakhwawa. Govt will lose and we will pay millions to these accused persons

  32. pwt says:

    kasambara pa 27 mukayamba ku server mlandu woyamba, kenako wandalama. time up for you! a learned savage!!! kupangitsa manyazi amnzako. akudziwa adanena kale kuti udali ndikhalidwe loipa evn kusukulu. bingu adakutulukira msanga, koma jb maganizo achikazi kukukhazika pampando. kuimbira mfiti manja!!!

  33. SOLOMONS PALACE says:

    MAFIA OPERATIONS INVOLVE MONEY, DECEIPT, MURDER, POWER ,POLITICS GREED.MAY GOD HAVE MERCY ON MALAWI LETS PRAY FOR MALAWI

  34. Dickson says:

    Allie, why are you showing us how stupid, empty and senseless you are here?
    Are you trying to tell the readers on this page that you support the suspected murderers here?
    Are you telling bus that Mary Kachale should not prosecute the offenders simply because she is a woman???
    So you are a murderer too???

  35. makarios makarios says:

    just apologise mayi

  36. Nyanyalirwa says:

    It never rains it pours

  37. John says:

    I agree with Mary Kachale that Ralph Kasambara is a mafia. But the way she is handling this case leaves a lot to be desired. She has to think through before making any decision and not what we are seeing now where she does one thing this time and backtracks on the same minutes later.

    You are making Ralph Kasambara have a field day on the State!

  38. sunderstar says:

    Number 1 is a stupid comment

  39. kamwera says:

    NEVER GIVE UP MARY KACHALE
    YOU ARE ONE OF STRONG WOMEN

  40. kamwera says:

    never give up mary kachale
    your are
    one of srong women

  41. We are tired of this case. Stop waisting tax payers money on these nonsense cases. Force them into jail, or dump the case & save our money.

  42. Cashgate Hater says:

    Looking at the Picture of the DPP, she does not look like a top proscutor rather she looks more of a Junior Primary School Teacher from the remote district. Shame on on the appointing authority

  43. satana says:

    Eeetu nonse ma mafia. Iweyo you created evidence out of nothing. Ndiye umati anzako asapangenso? Wamulephera ralph

  44. sakala Francis says:

    Kikikiki mafia ndiyo nkhaniyo. All are mafias including you who manufactured evidence for chilinda

  45. WANDANI says:

    Iwe DPP or STATE why cant u apply the same “mafia-like” style with all the machinery u have? zakutsaliranitu apa! Kankhwala wakugwiritsani CHIPHWISI!

  46. senior chief Kaomba says:

    Ku court ndiye kwavumafia kumene kaya umayesa ku living waters church bwaila? Kumenrkuja ndiye kuli ma mafiaso kwambiri oba ndalama

  47. senior chief Kaomba says:

    We chiefs are disappointed with DPP performance

  48. Former DPP says:

    Mary is not a litigation lawyer

  49. tambwali says:

    Umayesa masanje mary? Kikikikiki wagwa nayo.

  50. tchende la mfumu says:

    Very useless evidences

  51. kavala says:

    Case based on speculations and hearsays. Case based on manufactured evidences? What a fool is mary kachale?

  52. kaphaizi says:

    These are jokes from DPP office. Mary kachale is entertainer of the year. Amfumu a kumudzi kwathu angachite handle far much better than her

  53. kachule says:

    Mwakhwawa ndi bwana wa law. He tackles law with ease but hiting DPP hard

  54. Banyamulenge says:

    Ralph ndi Ngwazi ya law. Iwenso ukudziwa

  55. Ben Phiri says:

    State house is watching you mary kachale.

  56. bilimankhwe says:

    Lead investigator chilinda who didnt investigate?

  57. Patriot says:

    Watching ka filimu kameneka.
    Ozafunika Manganya kuzatipangira filimu ndithu kikikkkk (as based on true story) kkkkk

  58. bilimankhwe says:

    So you as DPP cant deal with mafias? Kikikiki showing total weakness?

  59. Pangani says:

    A boma mwagwa nayo basi

  60. padoko says:

    Kodi garden boy adati munthu adavala masiki kumaso ndiye mphwiy adadziwa bwanji kuti ndi kumwembe? Zoseketsa basi. A Mphwiyo mukadanena chilungamo zomwe zidachitika mukadathandiza dziko. Mukudziwa nkhani ndi cashgate inu mumapanga funding ma ministries ndikumakatenga dollar. Simudagawane bwino ndi lenard kalonga ndi azake

  61. Ezekiel Peter Ching'oma says:

    MCP as a Party, we are concerned with the progress of this case

  62. Paul Mphwiyo says:

    I am very disappointed with you mary. I hear you let chilinda say iam a liar in my own case? Useless people you and chilinda

  63. chakakala chaziya says:

    DPP wagwa nayo basi. Chalunda adakukana poyerayera.

  64. chadzunda says:

    Mary kachale very useless DPP.

  65. gandali says:

    So mary you want to tell us that state was unable to deal with mafias

  66. gandali says:

    All in all if government maintains mary kachale as DPP its likely to lose all cases

  67. gwede says:

    Airtel witnesses were irrelevant to the case as none of them was a software expert. So they couldnt say whether data on cal logs was manipulated or not.

  68. Gadabu says:

    Mary has goofed big time. All witnesses were contradicting one another. The most stupid of all is chilinda who labelled mphwiyo a liar yet its mphwiyo’s own case. Mwini nkhani akhale wonama wantchito wa kasambara akhale wowona? Thats stupidity of the highest order

  69. S.Allie says:

    Is this a case or some jokes,let’s put it as drama that need to find who’s the best actor iwe mary ungobetsapo ndalama zanthu apa iwe sungaone mkazi mzako anangwaro dziko lotengatenga sungapikisane ndi amuna all men we are mafia’s pitara sanawine ndi vote koma mafia style ndiye iwe ukuganiza ungalibane ndi mashasha I’m sorry my dear mary forget that go surrender it to pitara basi

    1. NKHOMA says:

      You want to tell the nation that peter did not win the election?
      If your answer is yes then you are also a mafia.

    2. Edson pagonegone says:

      These guys are mafias.arrest them.

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