Kasambara blasts State for ‘flip-flopping’ in Mphwiyo case: Malawi cashgate

As the Paul Mphwiyo shooting trial continued on Thursday, defence lawyer Ralph Kasambara blasted the state prosecutors for what he has described as the continued flip-flopping in court.

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.

Kasambara, who is representing himself, told the court that prosecutors have “flip-flopped” one-too-many during the trial.

Director of Public Prosecution (DPP) Mary Kachale on Thursday applied to the court for the withdrawal of an application to revoke bail for the suspects.

This was after the key witness Charles Chalunda had turned against the state during his testimony.

Chalunda denied that he knew any of the accused persons and was never threatened in any other way by the suspects, effectively weakening the prosecution weight of evidence.

“Your Lordship, following events that transpired in the morning, we would like to withdraw our application to  revoke bail for all the accused,” Kachale told Lilongwe High Court before Blantyre-based Judge Michael Mtambo.

The withdraw of apprication prompted another defence lawyer, John-Gift Mwakhwawa, to demand that the state withdraw the words “use of mafia like tactics” to intimidate state witnesses.

However, Kachale refused to withdraw the statement, saying the evidence before the state was enough for them to conclude that way.

In the afternoon, Kachale suprìsed the court when she said the Judge should go on and make a ruling on the revocation of bail.

In an interview, Kachale conceded making the withdrawal applications in a hurry without thorough consultations.

She said after scrutinizing the legal implicatìons of withdrawìng the application, they decided to change their mind.

An audio recording of Chalunda was played before the court with him saying Kasambara and Pika Manondo were threatening him.

But Chalunda told the court that he was instructed to say what was contained in the recording.

“ I was told what to say in the recording and I never told them that I was being threatened. I don’t know anything about this,” Chalunda said.

In cross-examination lawyer Mwakhwawa asked Chalunda that he had no knowledge of the case and he is being dragged into the case by prosecutors.

He responded:“Yes they have been forcing me all along I don’t know anything about this case.”