In a rare circumstance, the High Court has granted the State another chance to parade new four witnesses in the Paul Mphwiyo shooting case much to the annoyance of former minister of Justice and Constitutional Affairs Ralph Kasambara, one of the accused.
Kasambara is accused of conspiring to murder former budget director Mphwiyo alongside former Malawi Defence Force (MDF) soldier Macdonald Kumwembe and businessperson Pika Manondo who also face an extra charge of attempting to murder the former budget director.
After the State and Defence finished parading their witnesses, Director of Public Prosecution (DPP) Mary Kachale informed the court that the State would want to parade new four witnesses.
Kachale said the prosecution want to parade the new witnesses to dispute on some defence witnesses’ remarks in court.
“The State is interested in calling new evidence relating to some parts of the defence‘s testimony,” Kachale told the court.
“We believe we have a new case to for applying to court for some evidence related to alibi,” she added.
An Alibi is the defense by an accused person of having been elsewhere at the time an alleged offense was committed.
Kachale said prosecution would like to raise issue of alibi of Kumwembe, who Mphwiyo identified as shooter in September 2013.
In his affidavit, Kumwembe said on the said night of 13th September 2013, when Paul Montfort Mphwiyo was shot, he was in Mozambique, Tete to be precise and that was supported by his passport. In all he presented that he was not guilty of the offence of shooting Mphwiyo.
Mphwiyo actually stated in all three statements presented to court that he did not know who shot him and had no idea who may have wanted to harm him.
However, Kasambara, who is representing himself, said the application to bring in new witnesses was an abuse of court process.
Kasambara, Senior Counsel, said during the trial the prosecution tainted his image branding him “mafia lawyer, mafia defendant and using mafia tactics” but to the contrary it was the State that were Mafioso in the way they were handling the case.
Presiding judge, Justice Michael Mtambo has since granted the wish of the State to parade the witnesses even though the accused disputed the application.
Meanwhile, Manondo has finished his defence with his last witness testified on Tuesday Airtel Malawi whose testimony was to do with tower location and distance.
The witness of truth, Kelvin Kuyeri who is working with airtel Malawi as Radio Network Planet manager for the company explained to court what happens for one to be allocated at a certain tower site when using their network in a specific area or distance
Kuyeri told the court that in 2013 Area 10 had four towers and that Area 43 which house gunshot survivor Mphwiyo had three towers and also that one tower can locate or capture one location at a distance of 120 degrees clockwise from the starting point of the tower.
He said it’s not certain that the tower can locate you at exactly 120 degress distance as experienced has showed that it may go beyond that sometimes as the tower radioactivity do lapse beyond 120
When asked by Kachale when he joined Airtel and between him who joined thec ompany last year and the one who was there in 2013 can say the truth and magnitude of lapse of the distance, Kuyeri told the court that it doesn’t necessarily mean that one has to be there or not in 2013 .
Kuyeri’s testimony which was more technical and geometry as rulers measures had to be used with drawings of maps to illustrate some of the terms and location distance from the tower for example showed that one tower from Petroda Area 30 National police headquarters can go as far as Capita hill clockwise which means one using Capital Hill area can be located as using Area 43 tower but the tower can’t locate one at Area 10 Pacific Mall.
Meanwhile, Judge Mtambo has since adjourned the matter to 9,10 and 11th of May 2016 where the state is expected to parade their new four witnesses during the three days.
Among the news witnesses include Luciano Chiumbudzo.
Mphwiyo’s shooting at the gate on his Area 43 residence in Lilongwe is believed to have exposed Cashgate, the plunder of public resources at Capital Hill.Follow and Subscribe Nyasa TV :