Ruling on Mphwiyo shooting case set for end June: DPP Kachale tussles with Kumwembe

The Lilongwe High Court has set the last week of the month of June as the tentative day presiding judge Blantyre-based Michael Mtambo will deliver the ruling 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.

Top prosecutor Mary Kachale:

Top prosecutor Mary Kachale: Feels that the State has successfully prosecuted the case

Kasambara, who is representing himself, is being charged alongside business man Pika Manondo and former Malawi Defence Force (MDF) soldier Macdonald Kumwembe.

Justice  Mtambo ruled on Wednesday that both the State and the defence must file their pre-final submissions by 1st June to the court through e-mail and hardcopies of their submissions by 2nd June where they need to exchange their submissions.

The judge has since set 7 June as the day they State and Defence shall make  their oral submissions in an open court and a maximum of 30 minutes  will be allowed to make their submissions and both sides are expected to make their final submission ready before the judge by Sunday 19 June 2016 through electronic way of email before final determination.

Earlier during the day the court heard the testimony of first accused person  Kumwembe who punched holes in the contradiction and inconsistencies of state’s rebuttal witness Luciano and Peter Chiumbuzo.

Kumwembe told the court that Luciano Chiumbuzo was in Malawi in August , 2013 few days before Mphwiyo’s shooting as they met in Blantyre where together with him in company of his South African friend called Jabu had a chat ,drink and slept together before they travelled to Zomba using their Toyota car and they dropped him at St Mary’s in Zomba before the two Luciano and Jabu proceeded to Lilongwe where they were meeting a buyer for the car.

According to Kumwembe, Luciano came back from Lilongwe and found him at his place in Zomba where he was told that they had sold the car and left for South Africa .

He told the court that he stayed with him at his house for some days and during all these days Luciano was using Kumwembe’s phone to communicate with friends abroad on internet and calls and he left the phone with him when he was going to Mozambique on 30th August 2013.

During cross examination by the state top prosecutor Mary Kachale, Kumwembe repeatedly stood by his word that Luciano was with his mobile phone and was in the country but his testimony in court is something which the court must not rely on, claiming it’s cooked up story by the state.

Kumwembe claimed the State has given Luciano a  sweetener to twist facts, saying for four months now  the rebuttal witness has been lodged at Sunbird Lilongwe Hotel from South Africa to testify against him.
Kumwembe also claimed when he was arrested  and remanded at Maula prison, Luciano came to visit him.

DPP Kachale accused Kumwembe of making serious “allegations” in court, saying she was not amused.

But Kumwembe said it could be difficult to answer questions from the “angry” DPP.

During the trial the defence condemned the case as a script and a fabrication, arguing that the State’s case was defeated by inconsistencies of its own witness plus a glaring error of trusting another crucial witness who turned hostile.

But  Kachale said the State had presented enough evidence for the court to find the accused persons guilty.

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muthyalika petulo
Guest
muthyalika petulo
4 months 8 days ago

If i were the state prosecuter i could just resign kkkkk

Pseudo Name
Guest
Pseudo Name
4 months 12 days ago

Nonse mukuti kasambara aquital ndinu mizozo yonunkha zedi

Judge
Guest
Judge
4 months 12 days ago

If these guys will be acquired then then Malawi is using the jungle law.
Then any criminal who is clever enough to cheat will be freed by the courts of Malawi

bristol
Guest
4 months 12 days ago

I wonder if the Govt will win this case because there is no evidence beyond reasonable doubt. The case has a lot of inconsistences and I doubt if DPP will win this case. Time and money have been wasted during court hearings and on top of that the accused will be compensated in billions of Malawi Kwacha. Let’s wait and see.

samuel lwara.
Guest
samuel lwara.
4 months 12 days ago

I can see that justice at high courts is a gimmick of factors. How is observed today is absurd. At first thought Mphwiyo was innocent and smartier than his alledged attempted killers, but seem to be the master minder of the whole saga of events and circumstances. But how best is the state acknowledging Mphwiyo as the innocent victim? Its a plain truth that something is missing in the state bench under kachale as chief proscutor. May be its a fictious law dramatictic move in cinamatic arena?

Nyika justice
Guest
4 months 12 days ago

An acquittal is enavitable, very good defence.

chikopa
Guest
chikopa
4 months 12 days ago
Kumwembe’s evidence is full of dung This is because he insisting that he was with a witness without giving proof. He needs to show documentary or video evidence of where they were and that has to come from third independent person such as a bank video camera to prove whereabouts of his friend. Perhaps show that his friend signed for motor vehicle papers or something. What is happenings is as if a woman says you have raped her yet your manhood is not wet or no semen is showing. You can remove your clothes and say smell my willy if… Read more »
International Observer
Guest
International Observer
4 months 12 days ago
I am just wondering, why is Kumwembe complaining that the witness who testified in the ongoing case is a South African who apparently was lodging at Lilongwe Hotel, as such he has been bribed by the state? If he finds this arrangement falling short of something can he therefore advise where he thinks the South African could be accommodated, or did he want him to lodge at his house since the two are friends? Let him not waste people’s time and resources because a lot of the same has already been lost. These people’s arguments is a joke and the… Read more »
Zapadziko
Guest
Zapadziko
4 months 13 days ago

The state is a specialist in losing cases.

Zenizeni
Guest
Zenizeni
4 months 13 days ago

Chilungamo chioneketu apa anthuwa ndi Mphamva, ma crook ndipo ndi zigawenga zoopsa! They made the whole nation suffer because of these few greedy rats! If No justice will be seen, Paul Mphwiyo should organize his hit squad to revenge this criminal act or else he will be finished by these thugs. If the courts wants the safety of the accused, better lock up these guys or else they is a war between the two camps!

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