Director of Public Prosecutions (DPP) Mary Kachale has maintained her stand that the defence in the case of the shooting of Malawi’s former Ministry of Finance budget director Paul Mphwiyo is employing ‘mafia-like operations’, allegations that led to a heated argument in court.
Kachale said she cannot withdraw her comments that the State is dealing with mafia-like operations, saying it is a matter of fact .
Defence lawyer John Gift Mwankwawa asked the court to remove the comments from the court records, adding that Kachale should apologise, but the top prosecutor stood her ground.
“I’m an officer of the law and I stand by what I said. I am not going to apologise. The state has reasonable evidence to conclude as such,” charged Kachale.
Presiding High Court judge Michael Mtambo has said he will make his ruling when the court reconvenes from 27 of April, 2015 after prosecution closed its case.
Former minister of Justice and Constitutional Affairs Ralph Kasambara 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, who has been exonerated by lead investigator, is yet to enter his plea while the other suspects have pleaded not guilty.
Mtambo then directed that both state and defense lawyers should make written submissions, arguing for case to answer, for the State and No case to answer for the defense by the 21st of April, 2015.
He also told both parties (State and defense) that each would be accorded 15 minutes of oral representations for case to answer for the state and defense team before making his ruling.
The state paraded lead investigator in the case, Assistant Superintendent Kankwala Chilinda, Kasambara’s former maid, Jesse Mussa, Doctors Carlos Varera and Hetherwick Ntaba and Mphwiyo’s guard among others.
Mphwiyo was shot outside his home on September 13 2013, an event which seemed to have unravelled the massive plunder of government resources at Capital Hill later dubbed Cashgate.