Bodyguards tells court Bophani pressed him to implicate Kasambara

Former bodyguard to Ralph Kasambara when he was Minister of Justice,  Sergeant Keaton Gani on Tuesday told the High Court that the officers who interrogated him when he was arrested disclosed that they had orders from then Deputy Inspector General Nelson Bophani to see into it that Kasambara is pinned down in the case of attempted murder of former Ministry of Finance budget director Paul Mphwiyo.

Gani was arrested for conspiracy to commit murder, it was later changed to attempted murder on former Budget Director Paul Mphwiyo, the charges which the former Director of Public Prosecution (DPP) Bruno Kalemba dropped.

He wwas the fifth witness for the first accused McDonald Kumwembe in a case which he together with lawyer Kasambala SC and businessman Pika Manondo are answering attempted murder and conspiracy to commit murder on former Mphwiyo.

Gani said Criminal Investigation Department (CID) who interrogated him clearly told him Bophani had received instructions from authorities above him to implicate Kasambara.

Hew told the court he was being tortured by CID officers whilst in custody in order to implicate Kasambara.

“Detectives Makwinja, Chilinda and Chaima told me during interrogation that I should admit to either had lent out my official gun to Mr Kasambara which they allege was used in the shooting of Mr Mphwiyo or that I was the one who actually shot him.

“Mr Chaima, Deputy Director of CID disclosed that he was always concerned when he sees a police officer in trouble where he is able to help,” testified Gani.

“He (Chaima) continued to state that I could be helped in the same way in the case where police officers had stolen money from Burundians when he just kept them from being prosecuted and saved their jobs.

“I would like to categorically state that despite the detectives wanting to implicate Mr Kasambara, I have stood my ground and stated the truth that at no point did my gun leave my possession being government property and I being a police officer,” reads part of Gani’s affidavit as read in the court by himself.

He added that the detectives, particularly Mr Chaima plainly put to him that they were not against him but Kasambara and it was the directive from Bophani and former head of state.

During cross examination by Director of Public Prosecution, Mary Kachale, Gani hinted that he never lent out or used the gun in September 2013, a month which Mphwiyo was shot.

The cross examination:

Kachale: Do you know that you were arrested because you had surrendered your gun with fewer bullets?

Gani: No, because when Kasambara was booted out of cabinet, I surrendered the gun and eight bullets which I was allocated to the VIP diplomatic branch.

Kachale: Do you know that you are having problems when answering questions?
Gani: yes

Kachale: Is it that you already had a pre-agreed statement with others to tell the story in this court?

Gani: No

Kasambara before taking through Gani’s treatment in the hands of the police, countered Kachale’s notion that there was a pre-agreed statement.

He asked if Gani had met Kumwembe and Manondo before being taken to MaulaPrison in the recent months, talked with them on the phone or discussed with them an yday on the case, which he replied ‘no’.

“So to say that you had agreed with anyone else to say what you have to say in court is wrong isn’t it?” asked Kasambara.

Gani: Yes

The case has been adjourned to Wednesday when Gani will continue answering questions from Kasambara.

Mphwiyo’s shooting is believed to have exposed the plunder of public resources at Capital Hill that came to be known as Cashgate.