Malawi men can’t leave their phones to wives – Judge Mtambo

Malawi men do not leave their mobile gadgets to be accessed by their wives , apparently for fear of snooping, this was observed in a recent court ruling made by Judge Micheal Mtambo.

High Court Judge Michael Mtambo

High Court Judge Michael Mtambo

“My own view is that cellphones are personal to holder and are not given to spouses for the obvious reason that the communications are personal,” stated Mtambo in the shooting f former Ministry of Finance budget director Paul Mphwiyo.

“The average Malawian man will not want his wife to have unfettered opportunities to intercept some private calls as this brings family disputes,” the judge added.

It is legal to snoop in spouse phone¸ Snooping usually reflects a spouse’s loss of trust. And that loss of trust is usually caused by red flags.

Former Justice minister Ralph Kasambara was found with a case to answer on the charge of conspiracy to murder but was exonerated in attempted murder charge.

The court found Pika Manondo and Macdonald Kumwembe—with a case to answer on attempted murder and conspiracy to commit murder charges.

The judge made the observations on the phones as the call logs submitted as evidence from Airtel Malawi influenced the decision to have Kasambara, Manondo and Kumwembe remaining on the conspiracy to commit murder charge sheet as it showed that the three were constantly communicating prior to and after the shooting occurred.

Kasambara sarcastically described Mtambo’s reasoning on Airtel call logs as ‘new principles’.

The Judge pointed out that although Kumwembe said he was in Mozambique at the time of the shooting, Airtel evidence puts him in Lilongwe on the day of the shooting.

In cross-examination, it was implied that he left the phone with his wife, but Mtambo said “it is an unwarranted stretch of the mental faculties to fathom that the wife would in the absence of the husband be criss crossing the country and communicating with friends of the husband immediately before and after the shooting of Paul Mphwiyo even at odd hours. “

He said the case of the top government or company official who gives their phone to a personal assistant to attend to official calls is a different matter.

“You would not expect the personal assistant to be calling friends of the boss incessantly in the wee hours of the night as was the case at hand. The most they would do is to receive calls and keep a tag of the messages for the boss to attend to when available.”

Mtambo stated that the submission that the call logs are not evidence of a conspiracy because there are no voice recordings is a “ hollow argument”.

He said: “ Would one expect Airtel to be recording its customers’ conversations in the light of the heated litigation that arose with the introduction of the so called spy machine? Obviously not. “

Mphwiyo was shot at the gate of his Area 43 residence in Lilongwe on September 13 2013.

Businessperson Oswald Lutepo, Robert Kadzuwa and Dauka Manondo were acquitted in the conspiracy to commit murder charges they were facing

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Nyopex
Guest

Coz some ali shit and some violent.

Abiti
Guest

Zamkutu mesa mayi aja amati ndi mbon yaikulu akuziwa amene adawombera mphwiyo?

Kenkkk
Guest

It is all good to use common sense but in a court of law that is not admissible. Common sense must be backed up by facts, exactly what happened to be effective and acceptable in a court of law.

What matters is the actual conversation but unfortunately that evidence is not available or not allowed to be tendered due to human rights violations.

IDA cHIGALU
Guest

olo pliz dont dare to call or text phone is with achemwali anu kunyumba

IDA cHIGALU
Guest

Pamabwera ma message oti I hve forgotten my phone ndi galu uja

Young masamba
Guest

Mr.Kasamba,lapani machimo nthawi ndiyomweyi

Zanga Phee!
Guest

If it was somebody typically from the village the judgement would have been ruled out this case adding to say we want other should take example from him.though he pleaded to say his wife is pregnant and he is an orphan aswell.But for Kasambala you will see up to next year believe Me.See my Name.

zaluma
Guest

As a professor of Law at Harvard University in Boston, USA and a fellow Africa, I find the reasoning of the Learned more balanced but it cannot conclusively state that the people calling each other were the same persons shot Mphwiyo unless certain principles of laws are utterly ignored or done for the purposes of elimination. Logic inform us that an explanation that is convincing and undisputed is that common sense cannot dispute. As many people are coming with different interpretations, it shows the argument is not substantive. I rest my case

Jelbin mk
Guest
It is completely not true that someone had left his cell phone with his wife because the communication itself showed that these people were communicating at lengthy durations,if indeed I left my cell phone with my wife I expect my friends to talk for less than a minute to my wife because they may not have expecting my wife to answer the phone therefore they will ask about my where about and leave the message if necessary which would take less than a minute or so but with the case at hand th durations were at lengthy implying that the… Read more »
Mthandeni
Guest

This morning i went to toilet to dump and 3 minutes later i realised that have left my phone in the bedroom and my wife was fully awake then i stopped everything went back to bedroom to take my phone.inu kumasamala phone ndi moyo

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