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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20 thoughts on “State witnesses subpoenaed in Mphwiyo shooting case”

  1. Misoya says:

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

  2. Steve Ng'omba says:

    Mr Kankhwala Felix, Gud job keep it up!

  3. Boyd Kilembey says:

    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 over exeggerated as I dont remember any case he ever won apart from the Mayi Sinake defamation case.

  4. mpopoma says:

    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

  5. Concerned citizen says:

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

    1. Trueworths says:

      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!

  6. 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

  7. joe hart ndi dhilu says:

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

  8. Tchutchutchu says:

    Kasambala kudzangowina mlandu umenewu aaaaaa guys! Ndidzazichekacheka.

  9. chaiwone wawo says:

    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.

  10. matako m'mwamba says:

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

  11. big thought says:

    tiyenazoni adye fumbi amenewa, munawona kuti munthu kuziimilira yekha pa mulandu, mnzake Peter Mutharika anapeza lawyer pamulandu wake. Mulandu wanuwu ukathera kundende zaka 15 komanso mulandidwa katundu yense amene munaba-watero big thought.

  12. One day is one day,Kasambala u see now.

  13. King Zude says:

    Kodi a Dauka ka 50 Million kamagazi anakupatsani Pika kaja kanatha?? Tamva kuti akuthamangitsani pa rent ku Gulliver.Hehehe ndalama zamwazi izo,ndingomvera chisoni hule unatenga pa bar lija,poti iwe ku maula sumakavutika ndi rent kapena kugula zakudya..Basi angobweleranso ku bar munawatengako mayiwa.kkkkkkk.

  14. BUYING TIME, THE STATE HAS ALL POWERS TO BRING THE TWO TO THE COURT AND CAN BE PROTECTED AS OTHERS HAVE BEEN PROTECTED, THIS IS NOT THE FIRST CASE TO BE IN A SUCH MANNER, REFER YOUR FILES PEOPLE HAVE BEEN PROTECTED, THIS IS NOT NEW —– TALK SOMETHING, NOT THIS PLEASE —– MALAWI WA TSOPANO. DO NOT UNDER RATE OFFICERS WHO DO THIS JOB, PLEASE RESPECT THEM, THEY DESERVE SOMETHING AND LETS SALUTE THEM WITH CREDITS.

  15. Achimidzimidzi says:

    The Mafia and Mafioso, the hard core criminals telling a prosecutor that if she has failed to bring her witnesses, they give a help. The accused can bring the witnesses the prosecutor is looking for.

    Well! Well! Game on Madam Kachale.

  16. King Zude says:

    Galu Kasambara umazitenga ngati munthu wozindikira kwambiri,kuloweza zinthu sinzeru bulutu iwe,nthawi ya mayankho yafika.Unya uwona.Anthu onse aja mwapha ndi achina Gada,Nyopex,Ali Kaka e.t.c mwazi wawo uli pamutu pakopo..Kutha kwafika..athana nawe Jahova..

  17. Manyasa says:

    These criminals, Kasambara and friends ndiofunika kuotchedwa basi

  18. chitengo says:

    mafia like operations at work shame on u guyz

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