State witnesses subpoenaed in Mphwiyo shooting case

High Court Judge Michael Mtambo on Thursday in the capital Lilongwe  granted a subpoena for two state witnesses to appear in court and testify in the case of the shooting of Malawi’s former Ministry of Finance budget director Paul Mphwiyo.

One of the suspects FDauka Manondo

One of the suspects Dauka Manondo

There five e accused persons including former minister of Justice and Constitutional Affairs Ralph Kasambara who  is answering charges of attempted murder and conspiracy to commit murder alongside Macdonald Kumwembe who Mphwiyo identified as the shooter, Dauka Manondo, Pika Manondo, Robert Kadzuwa and Osward Lutepo. Lutepo is yet to enter his plea while the other suspects have pleaded not guilty..

Director of Public Prosecution (DPP) Mary Kachale applied to the court to subpoena Charles Kachale and a Mr Chalunda because they failed to show up to testify.

Kachale told the court that the state served the two with summons to appear in court on March 3, 2014 and they agreed only to become elusive recently.

“The two are currently not at their homes, we know that they are afraid with the harassment they are receiving from the accused so the two are not within our custody and control,” she said.

Kachale told the court that the two witness were supposed to be in Lilongwe  on Sunday but did not show up.

Prosecution has accused the defence of employing ‘mafia-like operations’ to intimidate State witnesses.

Kachale earlier told the court that they dealing with mafia-like operations.

But defence lawyers who felt that the state’s action is not clear.

“The position of the state has never been clear, they knew that their witnesses are elusive, the could have done with all the paper work even yesterday but they chose not to, this is worrisome,” said attorney John Gift Mwakhwawa.

He added: “The state has all the machinery to bring the witnesses to court even tomorrow, if they want us to assist then suggestions then we are ready and one way could be using a broadcast on Malawi Broadcasting Cooperation (MBC) and the message will get them.”

Kasambara who is representing himself said the “drama” being played by the top prosecutor is obvious because she knew already that they are dealing with very elusive witnesses.

However, Kachale who described the use of a broadcast not viable, said as much as the state has the machinery, they cannot bring the two witnesses immediately.

According to Kachale, there was a balance of probability that there had been interference and intimidation of State witnesses and the State had proof in its custody.

Kasambara has since condemned the two witnesses who are accusing the defence of intimidation, arguing that they are serial convicts.

Justice Mtambo adjourned the case to Friday where the state will parade an investigator a Mr Chilinda as its witness.

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Misoya
Guest

Kasambala abumatuma kapena kuba chifukwa choti ndi lawyer anyatu pa nkhani iyi chitsiru chimenechi chikuchita promote umbava ku Malawi galu kasambala

Steve Ng'omba
Guest

Mr Kankhwala Felix, Gud job keep it up!

Boyd Kilembey
Guest
The problem is Kasambara is trying to win every battle. That is what will do him in. The way he was hard on the maid(in this murder case) was unnecessary. Such hardness was called for in the thieving case. Kasambara should have stayed away from representing other clients charged with cashgate. But he wants to be seen as the most clever of 16million people. In fact the fact that he is representing them(an interested accussed party) makes most of the defence very weak. I wonder why these chaps are going to Kasambara to represent them. I think Kasambaras geniusness is… Read more »
mpopoma
Guest

They is no case apa. A numbers of you are ignorant of law. The defence will carry the day. A learned cannot convict ka sambala and his friends when the prosecution us failing to bring witnesses. Stupid govt.. release those innocent guys

Concerned citizen
Guest

kasambala is more likely to win this case and Malawians should be ready to pay him heavly

Trueworths
Guest

Are you saying that no crime was committed or what? Or you’re just one of those pin heads who believe in turning tables by twisting the truth? False exit and entry stamps in the accused’s passport is enough testimony for revoking bail by any competent court, stay and watch but on your toes!

Name*partsval
Guest

goverment rushed into arresting these guys without reliable witneses.kasambara is not aman to joke with,we may end up paying him on the wrongs we accuse him

joe hart ndi dhilu
Guest

the director of public prosecutions is a woman???? shaaa! mlandu sudzatha uwu….azingomuzunguza daily ma guy amenewa

Tchutchutchu
Guest

Kasambala kudzangowina mlandu umenewu aaaaaa guys! Ndidzazichekacheka.

chaiwone wawo
Guest

We stand to see what the outcome of this case will be. Honestly Malawians are not stupid and we are watching every step the courts are taking. It will be a shame to the Malawi judicial system if they fail to competently deal with this case.

matako m'mwamba
Guest

Mai kachali chonde pofika May onse akhale ali ku Zomba prison kuphatikizapo Lutepo, asaname kuti akudwala. Tikatero tiyambe ya 92 billion Mayi.

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