Defence lawyer queries Airtel Malawi testimony: Mphwiyo case

Defence counsel in the shooting of former budget director in the Ministry of Finance Paul Mphwiyo on Friday took turns to poke holes in a call log testimony of three Airtel Malawi officials .

The three Airtel Officials, Revenue insurance and fraud management section employee Khumbo Mfune, Senior Radio and Transmission Manager Loyd Gowela and Blandina Noniwa who is Customer Care Assistant brought before court call logs which showed the suspects being in Lilongwe on the day of the shooting.

The logs showed that former Malawi army solder identified by Mphwiyo as the on who pulled the trigger, Macdonald Kumwembe on September 12, 2013 travelled from Bvumbwe through Namadzi in Zomba, Dedza and finally in Lilongwe with his last call recorded at 22:04.

His frequent conversations were with Pika Manondo and in some circumstances Dauka Manondo.

On the day of shooting, the logs showed that at 11:12pm Pika Manondo made a call and was captured by Area 43 Airtel tower.

Defense lawyer Wapona Kita asked if it possible for the towers’ radius coverage to overlap a notion which the witnesses agreed.

Things took a twist when Kita wanted to use Superintendent Kankhwa Chilinda’s exhibit IPD 13 which the prosecutors said they don’t know where the defence took the document from.

“Your Lord I want to put it on record that we disown this document until it is proven by (defence) counsel that the state owns it,” Director of Public Prosecution Mary Kachale told High Court Judge Michael Mtambo.

Later in an interview with Nyasa Times, Kita said he withdrew the document but insisted that it is an exhibit by the state.

Taking his turn, lawyer John Gift Mwakhwawa asked if it is possible for Kumwembe’s wife to use his phone at Dedza when welcoming her husband upon arrival from Mozambique.

“Yes it is possible my Lord,” answered Gowela from Airtel.

When asked if the Airtel data can not tell where exactly Manondo was in Area 43 on the night of shooting, Gowela said indeed it cannot say the exact location.

Former minister of Justice and Constitutional Affairs Ralph Kasambara is charged with attempted murder and conspiracy to commit murder alongside Macdonald Kumwembe who Mphwiyo identified as the shooter, Dauka Manondo, Pika Manondo, Robert Kadzuwa and businessperson Osward Lutepo.

There was no cross examination from Kasambara who is representing himself.

Meanwhile, Judge Mtambo has ordered both parties to tender their final submissions in two weeks .

Mphwiyo’s shooting at the gate of his Area 43 residence opened a can of worms into the plunder of government resources at Capital Hill in what has been dubbed Cashgate.