Malawi court to deliver judgment on Mphwiyo shooting case 21 July: Query on Chalunda’s amnesty
The Lilongwe High Court Judge Dr Michael Mtambo has disclosed that judgement in the case in which former Minister of Justice Ralph Kasambara SC and McDonald Kumwembe who are being co accused of conspiring to murder former Malawi budget director Paul Mphwiyo, will be delivered July 21.
Judge Mtambo has set the date to deliver his ruling on the case after both the State and the defence finished their oral sentence submissions on Wednesday.
Mtambo has since advised both sides to ensure they submit their final submissions to the judge by 20th June before he deliver his ruling warning that if one doesn’t comply he shall proceed to make his ruling with or without their final submissions.
Earlier before adjournment the judge asked some important elements to the State during their oral submissions to understand the link of the witness and the case to enable him understand and make his ruling well informed.
Mtambo at one point questioned Director of Public Prosecution Mary Kachale to explain on the submissions which the defence earlier raised that it took some time for the Mphwiyo and others to mention the name of third accused person Kasambara as the one who was being behind the shooting.
Kachale, who told the court that as Mphwiyo had put it in his testimony, he did so because he was afraid of Kasambara due to his position as a minister then.
“But madam DPP, if one shoots me today will I not speak because I’m afraid? What if I die “, asked Judge Mtambo.
Kachale responded that though it took longer but that doesn’t mean the information was incorrect.
“My lord the delay and inconsistencies pointed by the defence doesn’t mean that we have failed to prove beyond reasonable doubt. We know we have proved it now,” Kachale said.
Mtambo also asked the state to answer on the issue about one of its witness who was also a leading investigator Detective Chilinda who made some false statements like that Kasambara and friends used his Mercedes Benz to the scene of shooting which was proved in the court as a lie among others.
“My Lord if the witness tells a lie on one doesn’t mean that he told a lie in everything.”
But Mtambo questioned “what if he told a lie four times or so?”
On why the state never challenged on Kumwembe passport stamp that he was in Mozambique, Kachale told the court that passport is not a public documents so too the government stamp but it remains a public property which is why they never challenged it as it was not a guarantee that he indeed travelled, saying the Malawi border posts are porous that sometimes one can cross the border without any documents.
One of the accused Pika Manondo also queried in his oral submission the release of one witness Charles Chalunda who was supposed to be serving 15 years of jail for an earlier conviction of robbery.
Chalunda was reportedly freed for being used by the State to testify against the defendants.
“Madam DPP owes the public an explanation about Chalunda’s release,” said Manondo.
Kachale dismissed the matter, saying the defence was bent at playing with semantics.
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I am sorry Ralphael Kasambala is innocent. Mphwiyo came from a drinking place around 11 PM. He was being monitored right there the way he was boozing with cash gate money. How do you expect someone senior govt official drinking up to that time. Many people have lost their life because of such behavior exposed to criminals. Don’t put people in trouble because of someone negligence. After all I did not even see arguments on the fact that who did Mphwiyo accompanied where he was boozing.
All along, I have told Nyasas, Ralph has no case to answer before the most learned judge Mtambo. it is politics that will cost poor taxpayers billion of kwacha because of this half-baked dpp. She might serve well as a house-wife.
I am so sad to admit it but Rough Kasambara will walk!