High Court judge Michael Mtambo has delivered his judgement on the shooting of former budget director Paul Mphwiyo, ruling that all the three accused in the case including former minister of Justice and Constitutional Affairs Raphael Kasambara are guilty of conspiring to murder and convicted them.
Kasambara was accused of conspiring to murder Mphwiyo alongside former Malawi Defence Force (MDF) soldier Macdonald Kumwembe and businessperson Pika Manondo who faced a separate charge of attempting to murder the former budget director.
Mphwiyo’s shooting at the gate of his Area 43 residence in Lilongwe is believed to have exposed Cashgate, the plunder of public resources at Capital Hill.
The case, which started in 2013, has been marred with hurdles ranging from application for recusals from defence, defence being thrown back into jail for contempt of court and other excuses.
In delivering the judgement after recalling facts of the matter, Mtambo pointed out that conspiracies are done in secret but burden of proving truth remains with the state.
He said facts presented in court, particulary on call logs shows that there was indeed a conspiracy against Mphwiyo’s life.
Judge said there was no enough evidence to link Kumwembe as the shooter.
But also noted that the passport of Kumwembe which claims he was in Mozambique during the shooting is “suscipious”
Judge says immigration stamps from Mozambique and Dedza border not enough alibi for Kumwembe.
He noted that Mphwiyo never saw Manondo at the scene of crime.
Judge ruled that the prosecution failed to prove beyond reasonable doubt the case of attempted murder.
He pointed out that call logs are not enough to convict someone without additional evidence.
Mtambo said Manondo’s alibi, introduced very late in the trial, was “manufactured” and “afterthought”.
He said false alibi doesn’t mean Manondo is guilty, could have been misguided.
“Someone can have a good story but would like to add salt and pepper,” said Mtambo.
But Mtambo said the state proved their case against first and second accused on charge of attempted murder.
Judge says all the three are convicted of conspiracy to murder and has since revoked bail.Follow and Subscribe Nyasa TV :