DPP says enough evidence for case to answer in Mphwiyo shooting

Director of Public Prosecutions (DPP) Mary Kachale has submitted to High Court that the State has presented enough evidence for a prima facie case for the court to find the accused persons in Paul Mphwiyo shooting trial with a case to answer.

Kachale (L) with Ministry of Justice assistant legal officer Samuel Mbweza: State has dealt with mafia-like suspects and defence is 'confused'

Kachale (L) with Ministry of Justice assistant legal officer Samuel Mbweza: State has dealt with mafia-like suspects and defence is ‘confused’

Kachale, who is on record during the trial accusing the defence of applying “mafia-like operations”, made her final submissions on Monday in the case where former minister of Justice and Constitutional Affairs Ralph Kasambara and four others are accused of attempting to murder former Ministry of Finance budget director Paul Mphwiyo.

She argued that the defence had attempted to divert the attention of the court away from the legal principle governing the stage of the trial, describing the viewpoints of the defence as “confused”.

Kachale further addressed defence attempts to discredit Mphwiyo’s implication of Kasambara after a long delay to mention the former minister as a suspect, saying it was only “natural that he was fearful of Kasambara and still is today.”

Kasambara, who is representing himself, is being charged alongside the Manondo brothers—Pika and Dauka—James Kumwembe and Robert Kadzuwa.

The top prosecutor submitted that throughout the entire trial, the State has presented enough evidence to arguably make out a prima facie case .

Earlier, lawyers for Oswald Lutepo, one of the accused persons, whose charges are now to be formally discharged, asked the court to properly dismiss the case by acquitting Lutepo.

Lutepo’s lawyer, Oswald Mtupila, said the move to acquit the suspect instead of just dismissing the case will enable his client to sue for a compensation for unlawful arrest.

High Court judge Michael Mtambo will this Wednesday decide whether the suspects have a case to answer.

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22 thoughts on “DPP says enough evidence for case to answer in Mphwiyo shooting”

  1. Baah says:

    Andale musamatitengere kuntoso ngati nyama ya njoka.

  2. Mukapsya Muwona says:

    Lets just leave the case and do other things chifukwa palibe chilungamo apa. Why mention that Lutepo should proceed to accusse those who brought him to court for compesation while he is already playing with our money as enough evidence of his involvement in the scandal. He even told the nation through Zodiac that he has stolen all our money. Mukapsya muwona musayense mizimu ya anthu osauka zitsiru

  3. What about? says:

    In Kamuzu’s era. this case could have been solved by traditionla leaders and Ralph and Co would have been netted by now!

  4. Kape Ntata says:

    Kasambara ndi anzake ndi akupha ndi akuba , ayenera kukaphedwa basi

  5. Dala lanu says:

    Mufune musafune mawa awa akayilawa ndende,kundende kusakhale osauka okhaokha ayi mulungu amadana ndi boza .

  6. BENDEKA says:

    ENOUGH IS ENOUGH!!

  7. Think Tank says:

    Mary Kachale found an already botched up case through the chief police investigator. Remember the dramas he was making through Manando and others to implicate Ralph Kasambara with conditions? He forgot the investigations ethics and towed a political witch-hunt. This played right into the hands of tha accused.

  8. Aferazao says:

    This DPP is relying too much on make belief assumptions. I can foresee this case falling off because the woman does not seem to have straight forward direction, she has been relying too much on unconvincing hearsays and speculations. She is believing too much on fantasy and dreaming and heavy black and white.

  9. jean jella says:

    Please fire this incompetent dpp.
    She has let the nation down.
    Case will be lost due to her incompetence. Failed to address mundane straight forward matters and was so out of depth.
    Relying on contradictory witnesses and just playing to the gaallery

  10. MPHAKA says:

    osawasiya.nyera mkuleke.

  11. milimbo says:

    A chimanga fisi dollar, ralph might be wrong but your team failed to present that evidence to court. You should have been the one doing that then you could have may be netted ralph. I am of the view that no sane malawian would sympathise with mphwiyo because he was plundering economy at will.

  12. chimanga fisi dollar says:

    Let’s wait for the judgement tomorrow, RK and his gurus, God wil punish u,guys dziko lonselino lidzingiti Ralph,Ralph.who is he after all??

  13. tikhala says:

    Ralph employa his gang to write these comments to demoralise the DPP. Mr Judge, this is ur country- don’t throw it to the dogs.

  14. mtimuni says:

    Palibe nkhani yapa. Whoever shot mphwiyo did excellent job to stop this thief from stealing.

  15. kaphaizi says:

    Chatonda ndi bakha wa munthu. Amange anthu without clear evidence?

  16. kaphaizi says:

    Which strong evidence mary kachale you have put across? Contradictions? Kikikikiki kodi degree yako paja idali ya ma sapu eti?

  17. chatonda says:

    Please, the courts should help to keep Malawi free from robbers and killers like the one accused in this case. No body should claim to be wiser than the rest of us in Malawi. Malawi is bigger than one person. Help Malawi clean these bad people from the freedom to where they belong according to law.

  18. kamvazina says:

    Kikiki kamudoni could have won this case but not mary kachale. State witnesses were all contradicting each other. Law very clear matter be resolved in favour of accused. Chilinda messed up the whole case with his lies. Afterall he called mphwiyo a great liar meaning nothing truthful came from mphwiyo yet they are both state witnesses

  19. kavala says:

    Failed to reconcile her circumstantial evidence against the accused. That was clear. Mary Kachale mbuzi yamunthu

  20. kapindula says:

    Already the judge has said state main witness was eccentric meaning was strange, unusual and do you expect that evidence to be used against the accused? Kachale is a dreamer who dreams about getting convictions without presenting tangible evidence. Useless DPP

  21. chadzunda says:

    Kachale is too dull. She was failing to articulate totality of the case. Acquittals are likely

  22. BBC says:

    Which enough evidence is Miss Kachali refering to? Yes they might be convicted; not because of the evidence submitted in the court but the incompetence of these courts. So far there is no strong evidence to secure a conviction.

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