Kasambara accuses DPP of blocking defence witnesses —Mphwiyo shooting

Former Attorney General and Minister of Justice and Constitutional Affairs Raphael Kasambara on Tuesday accused the office of the Director of Public Prosecution (DPP) of blocking some of the witnesses called to appear before Lilongwe High Court Judge Michael Mtambo in the ongoing case of attempted murder of former Ministry of Finance budget director Paul Mphwiyo.

Kasambara: Accused State prosecutors . -Photo by Mphatso Nkhoma, Nyasa Times

Kasambara: Accused State prosecutors . -Photo by Mphatso Nkhoma, Nyasa Times

Kasambara is jointly charged with former Malawi Defence Force (MDF) soldier Macdonald Kumwembe on conspiracy to commit murder alongside businessperson Pika Manondo.

Kumwembe is also charged with attempted murder together with Pika Manondo during the shooting of Mphwiyo outside the gate of his Area 43 residence in Lilongwe on September 13 2013.

The trio pleaded not guilty to the charges.

Before morning recess, Kasambara brought to the attention of the court that the DPP had stopped former secretary to treasury Radson Mwadiwa, government chief secretary George Mkondiwa, a Mrs Juwawo and Mercy Kumbatira who were named by the second accused Pika Manondo from testifying in court.

“My Lord, the DPP has no powers to stop witnesses to come before the court to testify,” said Kasambara.

However, DPP Mary Kachale said the State prosecutors had problems with some witnesses which Manondo listed upon request by the court clerk.

“It transpired that when the second accused was disclosing his witnesses, the court clerk was not taking the names and he had to request him to list them after the court session.

“After analysing the list with the court reporter, it transpired that some of those listed were not among the witnesses the second accused named in court,” she said.

Added Kachale: “We want to put it on record that the State will be challenging before court the logic of calling some witnesses because the defence need to say why some of these witnesses are being called in relevance to the case.”

Judge Mtambo advised the defence on time management, saying it doesn’t need a lot of witnesses to establish a fact.

“As long as the defence has much liberty to call as many witnesses as possible, we should take it in mind that it doesn’t need a lot of the same to establish a fact, two or three are enough,” he said.

The case resumed with the fifth witness Sergeant Eaton Gani who was Kasambara’s bodyguard when he was minister of justice taking to the stand.

Mphwiyo’s shooting is believed to have exposed the plunder of public resources at Capital Hill that came to be known as Cashgate.

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20 thoughts on “Kasambara accuses DPP of blocking defence witnesses —Mphwiyo shooting”

  1. [email protected] says:

    Mtambo should not be used by thieves . DPP guys have stolen a lot of money but they want to shield their sins. Why tumbukas are fond of being used for nonsense things . Watch out .

  2. Quax says:

    Amangidwe ameneyo kawalara aMalawi tikuzuzika coz of him!!!

  3. augerio fch mark says:

    we are waiting for the judgement. nothing else

  4. nkhan zimenezi koma zili nd pothera? shupiti zanu

  5. johnM says:

    ANTHU A CASHGATE AMAFUNIKA KUWAPANGA CHONCHI ONSE KUTI ENAFE TITENGEREPO PHUNZIRO

  6. It clearly stated that court clerk didnt put down names of witnesses mentioned and those witnesses are not Kasambara’s but Manondo’s. How is Kasambara’s business if the court is not doing its job?

    It is also wrong to say bringing many witnesses is not relevant, two or three are enough. In which school of law do they teach that? It shows that personal issues are implicated in this case.

    However the core criminal “Mphwiyo” should be incarcerated first for plundering public resources. Instead he is sitting home spending stolen money on Whisky and cigars watching innocent people being prosecuted for failing to send him to hell for his sins. What a sick country Malawi is.

  7. Ndatopa Ine says:

    Justice Mtambo please, be professional in your discharge of your nible duties and stop acting like you have a vandetta with the defendant. Both the defendant and the plantif have the right to bring as many witnesses as they want if that would help their case.Time thetefore in this case i would argue is not of significance but rather a fair hearing.

    The way things are going it is as if the verdict is already determined and the judge therefore feels he is wasting his time when the defendants raise issues of material importance to the case. Let’s not hurry things i am sure the many witnesses that are called the many twists to this whole saga and the many revelations. The public has the right to hear it all too. So let the witnesses take a stand!!

    1. thako says:

      You are 100% right

  8. Eddy Gomez says:

    Mukuchedwa Pati Guyz.Tangogamulani Apa,Mesa Chilungamo Mukuchidziwakale?

  9. Sadam Santhe says:

    Zikhauliseni mbava zacash gate zitsilu zatisaukisa

  10. Fighter says:

    I wish i studied law because ichi ndi chibwana. hw much did we pay ralph when bingu put him in prison?, thats our taxpayer finish it nw.

  11. Mavipathako says:

    A mtambo and DPP, you have personal issues with Kasambala.

  12. Bwanamkubwa says:

    I think Kasambarayu wapanga mitsala.How come he wants everybody kuti akale witness wake .
    Kenako mumbva kuti akufuna Ernest Mtawali kuti akapelekele umboni .
    He wants to buy and waste time..Chonde tagamulani mulandu msanga kuti tipume ndi dzautsilu za anyamatawa

  13. ine mantha says:

    la forty tu lasala pang.ono sichoncho chilungamo mukuchidziwa guys.nanga Mulungu mmubisarira. ?Hhe he iiiiiiiiii

  14. kaya phiri says:

    Ingowamangani awo

  15. bob says:

    Time and time itself will tell. Just know that Ralph himself has not yet started parading his witnesses. Ziliko tionera limodzi

  16. kumadzi says:

    mtambo ndi kachale, mawa ndinu. mukumupangira makobidi Ralph. zalowa personal. nanga jb ali ku????

  17. The Analyst says:

    O…………………………………………………………………………………………………………………………………………………………………………………………………………………O
    How many lawyers have you threatened with a gun hence blocked to stand against you in court . . . ?
    How many judges, have you, their justice; blocked with money . . . ?
    How many witnesses have you silenced with the untraceable silent bullet hence blocking justice in the process . . .? Tell us, how many . . . ?

    Now it has become a problem?; when others do the same, not with a threat but soft persuasion and kind endearment? A a! Much as you have the liberty to call on as many witnesses as you can, time is of the essence and you being a lawyer should know this better.
    Truth is, you don’t need a village of witnesses to prove that you are right or that the other is wrong. You just need one person. And if you look into a mirror, you shall clearly see that person. If you want a second witness look into the mirror again the next day, you shall see the person.
    O……………………………………………………………………………………………………………………………………………………………………………………………………………….O

  18. Balamanthu says:

    Michael Mtambo mwana muli naye chifukwa.Kaya ndi nkhani ya ma skirt-I dont know

    1. BALAANTHU says:

      CHILUNGAMO CHIMAWAWA KWA AMENE ADADYA NAWO CASH GATE

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