DPP says enough evidence for case to answer in Mphwiyo shooting

Director of Public Prosecutions (DPP) Mary Kachale has submitted to High Court that the State has presented enough evidence for a prima facie case for the court to find the accused persons in Paul Mphwiyo shooting trial with a case to answer.

Kachale, who is on record during the trial accusing the defence of applying “mafia-like operations”, made her final submissions on Monday in the case where former minister of Justice and Constitutional Affairs Ralph Kasambara and four others are accused of attempting to murder former Ministry of Finance budget director Paul Mphwiyo.

She argued that the defence had attempted to divert the attention of the court away from the legal principle governing the stage of the trial, describing the viewpoints of the defence as “confused”.

Kachale further addressed defence attempts to discredit Mphwiyo’s implication of Kasambara after a long delay to mention the former minister as a suspect, saying it was only “natural that he was fearful of Kasambara and still is today.”

Kasambara, who is representing himself, is being charged alongside the Manondo brothers—Pika and Dauka—James Kumwembe and Robert Kadzuwa.

The top prosecutor submitted that throughout the entire trial, the State has presented enough evidence to arguably make out a prima facie case .

Earlier, lawyers for Oswald Lutepo, one of the accused persons, whose charges are now to be formally discharged, asked the court to properly dismiss the case by acquitting Lutepo.

Lutepo’s lawyer, Oswald Mtupila, said the move to acquit the suspect instead of just dismissing the case will enable his client to sue for a compensation for unlawful arrest.

High Court judge Michael Mtambo will this Wednesday decide whether the suspects have a case to answer.