How DPP Kachale quizzed Dauka: Mphwiyo case

Third witness testifying in defence of first accused person Macdonald Kumwembe,  Dauka Manondo who is elder brother to the second accused person Pika Manondo told the court on Tuesday that he knew former budget director Paul Mphwiyo as personal and family friend from 1990s. Nyasa Times reporter captures the cross examination with Director of Public Prosecution  (DPP), Mary Kachale in court.

Kachale who asked Manondo to explain the relationship between the second accused (Pika Manondo) and  gunshot survivor Mphwiyo , he said he knew them as best friends from late 2000s as they two were mostly together and doing some transactions

DPP: You say you were doing business together with your brother (Pika) what business was this ?

DM (Dauka Manondo): I was running his mini buses and as well Property and estate auctioneers plus Car Car Hire and I was the one who was handling all money transactions like depositing the cash into bank accounts

DPP: Was these business registered  ?

DM: I don’t know because they were for Pika and I was only running them

DPP: We’re you paying tax to government ?

DM : I don’t know that was not my interest and business , that’s to Pika ‘ s knowledge and is better placed to answer that not me

DPP: (gave him a bank deposit slip copy) Do you recognise that ?

DM: Yes

DPP: Who deposited that K300, 000 into Kumwembe account ?

DM: The one who there’s a name with

DPP: But the number is yours isn’t it ?

DM : Yes, it’s my number

DPP: Can you tell this court why the name is not yours but the number is yours ?

DM: It’s because that was one of our mini bus driver who I sent and I always sent people to go to bank to do deposit and I always advised them to put my number in case the bank will need some clarification or something to ask and it’s not only that deposit slip there are plenty of that deposit slip in our office which I have been sending people to go and bank on behalf of our company

DPP: Ok,  so what business did Mr Kumwembe offered to any of your company to deposit K300, 000 into his account on30th August? 

DM:I don’t know it was directive from Pika and I guess Pika can be the one able to explain what deals was there

DPP: But you said you were business partners so can just one issue payments without telling his partner ?

DM: Yes infact it’s not for the first time he can a usually ask which account has money and advise to deposit into another account or pay some other people without being told what was the deal ?

DPP : Now you told this court that Pika travelled to South Africa with Paul Mphwiyo,  is it true ?

DM: Yes

DPP: What was there ?

DM: Pika told me he was escorting Mphwiyo as he had meeting to negotiate Arm deals which were being supplied to MDF

DPP: Ah ok, why Pika was there to negotiate with Mphwiyo, was he also working in government ?

DM: No, he went there upon Mphwiyo request and went there just to escort Mphwiyo and thus was not for the first time they could travel together

DPP: When did you know the shooting of Mphwiyo and what time ?

DM: I heard it from Pika in the morning

DPP: as your friend did you go to see him ?

DM: No I was on a way to Nkhata Bay as I had important business appointments

DPP: But you said Mphwiyo was your best friend and you can leave for Nkhata Bay without going to see the conditions of your friend who just got shot ?

DM: Yes because I knew I will see him when I’m back on Sunday and by then was being updated by Pika who was there at the hospital

Pika Manondo then cross examined his brother Dauka.

Pika : How do you know Mphwiyo  ?

DM: in 1990s and I was paying his rental fee in Zomba when he was not working and was enrolled for Masters together with his wife I was the one paying their rental fee and some upkeep allowances as a brother

Pika: Do you know CCTV  ?

DM: Yes I know them

Pika: How many times have you been to Mphwiyo house ?

DM: so frequent

Pika: Does his house have CCTV ?

DM: Yes it had , sophisticated one, he can open using his laptop when we’re at bar and see who is on his gate and can instruct his guard to tell them he is away

Pika: when you were arrested did you try to tell this to police officers ?

DM : Yes I did and they told me they were only interesting on financier of the shooting as they already knew who shot and about CCTV they just said they know it

Pika: who was the police officer if you know or remember his or her name ?

DM: It was Maurice Makwinja and he laughed and said we know that

Pika:(give Dauka copy of call logs ) can you identify and read out loud those marked numbers, time of calls and date 

DM : this is my number 0999 350 904 and the other one 0995953333 it’s Mphwiyo’s number and it’s dated 30th August 2013,13:52pm

Pika: What were you talking on the phone ?

DM:he called me and ask where I was and I said I’m home an d he said I should look for a house two house for him to buy at leastt two hundred million each in Area 10 and 43

Pika:  Did you meet him on this day ?

DM: Yes , I went o his house and was with two guys my friends who were the owners of the house ares I manged to get one house and we went to negotiate it are sends it was on one hundred and forty million kwacha

Pika: we spoke on your phone and after our cut the call what did Mphwiyo told you ?

DM : he asked what you were telling me and I said you were telling me to pay K300, 000 to Kumwembe and he asked me if I know him and I said no, but he told me it’s that guy we used to meet and rink together in Zomba when he was MDF officer

Pika: After your bail , you were called to Kanengo police, what was there, can you tell the court ?

DM : Yes I was summoned by Maurice Makwinja who told me , then DPP, Kalemba wanted us to meet and I refused because I was so bitter with my arrests

Pika :  what did he say ?

DM: he told me that I will and you (pika) suffer because we’re not cooperative to be state witness against Kasambara who Kalemba was after for

Kasambara also questioned Dauka.

 Kasambara: When did Pika left for South Africa with Mphwiyo ?

DM: ON 6th September and came back on 10th September 2013

Kasambara : now you mentioned a certain name called Bruno, who is that Bruno ?

DM : Bruno Kalemba former DPP

Kasambara : Did you meet and what was the agenda ?

DM no we didn’t I refused because I was very bitter, he wanted me to be witness to testy against you and convince Pika to testify against you as they said you were the main target

Driver Fostino Chimwaza testimony

The defence also paraded four witness who was official driver for third accused person Ralph Kasambara when he was a minister of justice and constitutional affairs,  Fostino Chimwanza who works under ministry of justice .

Chimwanza has told the court the he arrived the morning of 14th September 2013 at Kasambara house around 7 am to drive the minister who was going to Salima with South Africa former president  Thabo Mbeki.

He told the court that he found Kasambara personal vehicle Mercedes Benz parked in front with Malawi registration number

Chimwaza told the court that he drived Kasambara wife to a funeral of former first gentlemen Richard Banda’s nephew in Kasungu.

He told the court that on that day Kasambara was driven by another driver and his personal Benz was being driven by his personal bodyguard Sergeant Gani .

Chimwanza said it’s not true that Kazizwa Kasambara, son to Ralph Kasambara took the Benz to golf club with the nanny.

His revelations contradict state witness , who was nanny for Kasambara who told the court that she was with the son at Golf club and that the Benz had south Africa registration number

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