DPP maintains ‘mafia-like’ operations in Mphwiyo case: Malawi judges security enhanced

Director of Public Prosecutions (DPP) Mary Kachale has maintained her stand that the State is dealing with mafia-like operations in the case of the shooting of former Ministry of Finance budget director Paul Mphwiyo and has asked the High Court to revoke the bail of former Malawi Defence Force (MDF) soldier Macdonald Kumwembe , claiming he is a “threat” to presiding judge Michael Mtambo.

High Court Judge Michael Mtambo: To rule whether to opt out or not

High Court Judge Michael Mtambo: To rule whether to opt out or not

Kumwembe, alongside businessperson Pika Manondo and former minister of Justice and Constitutional Affairs Ralph Kasambara were found with a case to answer in the shooting of Mphwiyo outside the gate of his Area 43 residence in Lilongwe on September 13 2013.

The former soldier and Manondo are also charged with conspiracy to murder Mphwiyo.

Mphwiyo shooting seemed to have unravelled the massive plunder of government resources at Capital Hill later dubbed Cashgate.

The top prosecutor in her application in the High Court in Lilongwe said Kumwembe asked the judge to recuse himself from the case allegedly because he (Kumwembe) believed Mtambo had already pronounced a guilty sentence.

“In his application to have judge Mtambo recuse himself, Kumwembe said the judge had already pronounced the guilty sentence on them, otherwise why did he [the judge] travel with a police officer with a gun on his way [back] to Blantyre?

“Now, as State, we are wondering how he [Kumwembe] knew that judge Mtambo came to the courts without a policeman and left with one? He even named the policeman who escorted the judge. How did he get hold of such details? From his statement, we know that he has been following the judge; hence, the application.”

Meanwhile, security has been beefed up for some judges handling Cashgate-related cases amid concerns of threats to their lives, the press reported .

The press reported that during the conviction of former Ministry of Tourism assistant director Leonard Kalonga for his involvement in Cashgate last week, High Court judge Fiona Mwale refused to walk about 200 metres even with police escort, for fear of her life.

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33 thoughts on “DPP maintains ‘mafia-like’ operations in Mphwiyo case: Malawi judges security enhanced”

  1. Snipper from Ntcheu says:

    komatu mukangomusiya kumwembe hell will broke loose…..

  2. Nyachi: kuopa is what has made these people to continue stealing they know how coward Malawians are. You Malawians kept quite for 32 years of Banda regime do you want to do that even now? A man has o die for what he/she believe in. People are dying to defend their rights and their nation. 20 youths died during Bingu,s shoot to kill. What did you do about? Another Muntharika.

  3. Its ok to write comments here, but does this help us? What will help us? Too afraid to take actions. Coward? Many just have givn up. Its is shame that a small nation without civil war is still he poorest in the world. And no oneis ashamed. To day no Malawian can say good about the nation before others nationalit say BUT MALAWI IS VERY POOR. Then I keep quite. What do I say? SHAME. We have contributed to poverty of our nation. Each one of us have done it by doing nothing abut it, and choosing bad leaders. And let them contnue using us.

  4. Bwampini Titoni says:

    Mungovomereza kuti munagwidwa and you need to paybac all govt funds

  5. nkrumah says:

    Dpp, judge mtambo and suspects of cashgate are mafia. I know them as CIA agent

  6. Truck says:

    WE TOLD YOU CASHGATE JUDGES NOT TO GIVE BAIL THESE CASHGATE GUYS NOW YOU SEE THEY WANT TO KILL YOU JUDGES SEEING IS BELIEVING WHEN WE TOLD YOU DONT BELIEVE YOU SAY ITS AGAINST HUMAN RIGHT WHAT HUMAN RIGHT WHEN THEY WERE STEALING GOVERNMENT THE DIDNT KNOW THAT WHEN HOSPITALS THERE WILL BE SHORTAGE OF MEDICINE AND FAILING TO PAY WORKERS ITS AGAINST HUMAN RIGHT NOW JUDGES YOUR DANCING YOUR OWN TUNES.YOU MUST GIVE THEM HARSH SENTENCE SO THAT OTHER PEOPLE MUST LEARN FROM THEM.

  7. Mwanafyale Mukulumba, says:

    JB amachita kuzichemelera kuti wakuba ndi amene wagwidwa osati wogailidwa mumisonkhano while the povos were busy clapping hands for her useless speeches.Now she claims that she will be killed when she lands in Malawi,to be awarded some asylum in some foreign countries for masterming the infamous big loot in her country and she wants Malawians to pity her.She should come and clear her name in the court.Afterall she is not above the law.For how long will Malawi have its leaders who have no regard for their country for 51 years of shameful poverty who liked to be clapped hands for their useless agenda?its time all Malawians woke up that that we do not owe them aliving from our taxes.As longer as they are incompetent they need a sack like anybody else and they also need to be accountable like anybody else.Malawians should stop worshipping these thieves masquerading as our politicians.

  8. Sayimoni bayisikolo, says:

    Koma Ndiye muphanadi ndi chuma mwaloweza chakuba pa Malawi.You can’t just trust the justice system full of double standards to the criminal.Why can’t you clean the system from Bingus time upto date? You are only showing Malawians that cashgate started during JB’s time while in the real sense it started during Muluzis,Bingus time upto date.Anthu alemera koopsya ndi taxpayers money pa Malawi,while the honest hardworking taxpayers is reeling in stinking poverty.Malawi will never amount to anything with its useless system of protecting thieves.It will always remain at the base of the highly impoverished countries in the world.

  9. Nzika yenyen says:

    Aphedwe bcoz akukondla

  10. David says:

    The suspect is asking the judge to rescue himself from the case. In support of his application he said what you have read above.

    In response to the petition the DPP is asking the court to revoke bail for the suspect. In my view the DPP response is out of order because it does not address or challenge the suspect concerns.

    Further the suspect is asking the judge, why can’t the judge himself respond on the concerns of the suspect. Suspects have the rights to be heard on the concerns and if their concerns are genuine they need to be addressed. DPP response is tantamount to saying that suspects have no right to express their concerns should they see anything wrong in the proceedings which is very unfortunate.

    As I said before the position of DPP is too big for Mary.

  11. Zanga Phe Basi says:

    ma bail mumangininkha aja sono ade bouncing back at you. ufulu wawo indeed!

    let us bring shalia law plz. once caught stealing get stoned to death basi mwina umbamva nkuchepako abale.

  12. konto says:

    a murder suspect identified by the one he wanted to murder is walking free????

  13. munthu wamba says:

    The DPP wants these suspects’ bail revoked and this makes both legal and common sense.Let’s not be surprised by her apparent sympathy for the judge. Honestly, this lady is made of sterner stuff.

  14. mo says:

    Kkkkkkkkkkkkk mafia like ooohooo,chilinga when one comment is true you hunt him down, we want results not such to Malawians

  15. patrick says:

    Let justice prevail.

  16. GRM says:

    Put all cashgaters on remand. These Dogs?? The cashgate scam was a mafia operation and they are still behaving as such. The DPP should know that. Osati kumatiuza zoti timadzidziwa kale. THE SUSPECTS HAVE A LAWYER AS A LEAD SUSPECT AND MAFIA

  17. Nyoni phiri says:

    Malawi is crying, where are we heardin to! Mafia-like mufa imfa yowawa soon

  18. Truck says:

    ZOVETSA CHISONI KUFUNA KUPHA JUDGE CHIFUKWA AKUFUNA KUKUGAMULANI LIFE SENTENSE WHEN YOU WERE STEALING GOVERNMENT YOU DIDNT KNOW THAT ONCE CAUGHT YOU WILL ROT IN JAIL KIKI! UKAZIPUTA LIMBA

  19. Che Ngana says:

    Ubwino Wake Mwadziwa Zina Mwa Zoopyeza Zomwe Odandaula Amakumana Nazo Mukapeleka Bail Kwa Ma Suspect Mwina Musintha.Paja Ufulu Wa Suspect Pa Malawi Umatamandidwa Kuposa Wa Aliyense.Zanu Izo!Nanu Muzifileko.

  20. VYOTO says:

    THE DPP HAS A POINT, AFTER ALL IF OUR MEMORIES ARE RIGHT WE SHOULD BE REMEMBERING THAT A LADY TO BE A WITNESS AT ACCOUNTANT GENERAL WAS BUTCHERED OBVIOUSLY BY THESE CASHGATE THUGS,THEN CAME THE RECENT KILLING OF THE ACB DIRECTOR OF FINANNCE AND ADMINISTRATION BY MISTAKEN IDENTITY.AGAIN THE WORDS OF ONE CAROLINE SAVALA AGAINST PRIVATE PROSECUTOR, KAMDONI NYASULU IN COURT WAS VERY REVEALING ABOUT THE INTERNAL FEELINGS OF THESE THUGS AGAINST ANYONE CONNECTED TO THEIR PROSECUTION.

  21. I want Malawi to be a mthibulo exporter in 5 years under me APM says:

    I agree with Joseph and Bob. DPP’s sentiments are out of order here as they may be easily give the impression that Kachale is seeking favours from judges.

    Nevertheless she has a strong point about Kumwembe watching every step of Judge Mtambo, which is a dangerous precedent.

  22. Chithunzi says:

    Let Parliament have an emergency sitting to adopt Truth and Reconciliation Commission so that Malawians must know exactly how public money was syphoned and keep being syphoned in different ways,Our tax is spent on few individuals and Do public benefit anything from these cashgate cases,
    Let retired Judges handle Cashgate sittings and all People involved must summoned and reveal their intentions.We need all Government Controllers,Banks,Suppliers or Contractors,Beneficiaries etc so that we can put a rest everything than hearing the same people daily.

  23. Nyachi says:

    Cashgate suspects should be given bail, lock them up to avoid loosing people’s lives mwaiwala kale za Issa Njaunju, kodi kasambara mukumuopa chani? this guy is a threat to many azikadya nyemba kamodzi kumalako amenewo. Do you want another life of a top official to be lost then you act?

  24. George phiri says:

    You reap what you…. People have been complaining about these useless bail issues. The same judges give bail to criminals without considerinh their own lives. Noone to blame. Shoot one another and kill each other as u like. Courts should operate professinally koma kuno!!!!! Ayi ndithu.

  25. Malawiyano says:

    If ACB and Court guys are brave and not working for D P P politicians why not to investigate the MWK577b ? All we know is that this is a Peters game of finishing other opposition parties , he is done with UDF and now he is busy wanting to finish PP and MCP by using Courts , Police and A C B.

  26. Hamu says:

    Cash gate cash gate!!!! anthu akufa mzipatalamu inu.

  27. aabwino says:

    Cashgate suspects should not be given bail.These people are a threat to the judges and magistrates. Please lock them away in solitary confinements

  28. Kaka says:

    Innocent until proven guilt by ‘competent’ court.

  29. Mthawanji says:

    Thats malawi ,in other countries people dont even know where the judges reside in fear of putting their lives in danger.

  30. peter mshali ku salima says:

    zoopsa kwambiri,govt leave this cashgate muthetsa anthu

  31. Maximum Prison says:

    Why can’t the courts revoke all bail for all the Cash gate suspect by remanding them to ensure security of the judges and witnesses? These thugs are more dangerous than armed robbers. They want Judge Mtambo out of the case because Mtambo refused some cash from some of the Cash gate suspects to rule in their favour hence the request for him to opt out. But if I were judge Mtambo, I would not succumb to such pressure and go ahead and convict them without fear or favor. Other wise the public will think that he Mtambo finally got some cash from the suspects to opt out. Go go go Mtambo! Don’t fear these mafias!

  32. Joseph Banda says:

    The Prosecutor has nothing to do with the Judge. By pretending to protect the Judges interest is buying sympathy to win the case or as the Top prosecutor, she is buying a winning ticket from the courts. Not good for delivery of justice for Malawi.

    1. Bob says:

      I agree with you the issue of Judge security is not the DPP responsibility, she is trying to sway the courts.

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