Key state witness risks perjury charges, lied on Kumwembe conviction: Mphwiyo’s case

April 7, 2015 Chancy Namadzunda – Nyasa Times 93 Comments

A case involving former minister of Justice Ralph Kasambara and others who are accused of the attempted assassination of former budget director Paul Mphwiyo took a new twist on Tuesday when lead investigator Superintendent Kankhwala Chilimba accepted that he lied to the court.

Wapona Kita: Tendered documents showing Kumwembe was acquitted
Wapona Kita: Tendered documents showing Kumwembe was acquitted

In his testimony, Chilinda who had put across damning evidence linking several of the accused persons in the shooting of Mphwiyo at the gate of his Area 43 residence on September 13 2013 told the court that Kumwembe was tried and convicted of armed robbery charges by Machinga Magistrate Court.

During cross examination on Tuesday, defence lawyer Wapona Kita brought documents before High Court Judge Michael Mtambo which showed that Kumwembe was not convicted.

A letter dated September 21, 2004 by First Grade Magistrate Jones PG Masula addressed to Zomba 93 Brigade Cobbe Barracks showed that Kumwembe pleaded not guilty to an attempt robbery charge.

“Upon full hearing. This court acquitted him on this charge whilst others who were jointly charged with him were convicted and sentenced to five years imprisonment,” reads the letter in part.

“In view of this, I am advising you that Mr Macdonald Kumwembe is a free man and has not been found guilty as suspected,” the letter says as it was read in court by Chilinda himself.

Another letter from Malawi Defence Force legal officer Captain CS Mwale dated December 14, 2004 to MDF headquarters states that the junior Non-Commissioned Officer Kumwembe was tried and acquitted by a
court of competent jurisdiction.

It further states that according to section 127(1) (a) of the defence force act “Where a person subject to Military law under this Act, has been tried for an offence by a competent civil court, he shall not be liable in respect of that offence to have the case dealt with summarily by his commanding officer of the appropriate superior authority.”

“We therefore advise that the said soldier should not be discharged as there is no legal basis for such action. Action to the contrary may result in a civil suit against us (MDF) for wrongful dismissal…” reads part of the communication.

Asked if he knows that he lied under oath, Chilinda at first insisted that he only told the court that Kumwembe was arrested for armed robbery.

It took Judge Mtambo intervention to remind Chilinda that he even told the court that Kumwembe  had been convicted for robbery in 2005. and given a suspended sentence.

“My  Lord, maybe it was the slip of the tongue or even an ignorance of the law,” Chilinda said.

The prosecution, led by the Director of Public Prosecution Mary Kachale, paraded Chilinda as the 11th State witness and leav investigator.

Chilinda tendered a revolver which was allegedly to be used in an initial attack.

He told the High Court in Lilongwe that the initial plan was not executed because he foiled it in its initial stages.

Chilinda said the gun was supposed to be used by Maxwell Chalunda who was allegedly hired to shoot Mphwiyo. Chalunda surrendered the gun when he was arrested in connection with the shooting.

The investigator also submitted call logs of the accused—Kasambara, Pika Manondo, MacDonald Kumwembe and Dauka Manondo—which indicated they were in contact on the day of the shooting and two days later.

He also submitted to the court about K2 million and $3 000 that he collected from Kumwembe and K12 000 from Chalunda during the investigations.

Mphwiyo’s shooting on September 13, 2013 outside his house in Lilongwe opened a can of worms that led to the revelation of Cashgate, in which public officers, politicians and businesspersons looted billions of taxpayers money.

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93 replies on “Key state witness risks perjury charges, lied on Kumwembe conviction: Mphwiyo’s case”

  2. lnudi ,and zigumbule follow issues and don’t just comment for the sake of it eeeeeeiiish

  3. Guys Ladies and honourable men if l can be schooled here about this EdUKation Ku a policewa Ali ndi school yawo??? What’s wrong with Kankhwalas fluent English musiyeni Mwana This guy is good

  4. Those who don’t know Chilinda let them talk But the man is a genius in his field quote me wait and see

  6. NYASATIMES? STOP THIS KASAMBARA MADNESS. WHY WRITING SO MANY STORIES ON ONE STORY. MUKUFUNA KUMUTCHUKITSA ETI? AKUGULANI A CASHGATE ETI?

  7. Commenta police chizungu chimatibodetsa pang’ono. chilinda had a point but he only failed to xpress himself gramatically.

  8. The spy machine at Macra should replay the phone conversation between Kasambara and Kumwembe. These are not angels but know something about the shooting and deep down their hearts they know what they did . they will ever be haunted. chilindas evidence can not be dismissed in totality as he was dealing with deadly and crafty criminals like Kasambara kumwembe and Manondo

  9. Nyasatimes and judge Mtambo are two different set-ups.A judge is a well learned person that he cant just be influenced by what people tendered in court,but,by proving what was said above reasonable doubt.Remember,now the alledged principal trickster was then touted as a whistleblower by the then head of state,however,soon after the historical embarasing May 2014 elections,the hunter is now the hunted.Chilinda misrepresentation of facts could be deamed as a winning clause for kasambava and cronies,however we are yet hear principal witnesses for kasambava paraded in court as alledged earlier.Just as a recup of our distinquished witnesses:messrs Jocye Hilda Mtila Banda,Hophmale Makande,Brown James Mpinganjira,Cicilia Kumpukwe and prophet Samuel.

  10. Tendering a revolver that did not shoot at anyone and call that as evidence kikikikiki. Then all revolvers will become eligible evidence. The Malawi Police Service must learn something out Chilinda and the entire police service where recruitment of policemen is based on height and not intelligence of an individual. The consequences is what we are hearing each and everyday in this country. Insecurity, poor evidence, policemen being shot by robbers etc. Recruit policemen who are intelligent not tall one or fat.

  11. For courts to acquit someone, all they need is reasonable doubt. I think this is beyond reasonable doubt

  16. Mary kachale must go. Upon being appointed dpp she should have evaluated the evidence. Been in court boma can’t win. Mary is being battered

  19. There is likely to be another lie from chilinda about guns. Adabweretsa mfuti zoti sizidagwire ntchito pa sagwada za mphwiyo akuti koma zimafuka ukagwira ntchitoyo. Akuwuza ana kapena chani? Can court examine mental soundness of chilinda please. Munthu wa nzeru angapange zimenezo?

  21. For credebility of court system convict this idiot chilinda now. Evidence straight. Wamvomera

  23. Dr Mtambo please convict chilinda first to restore credebility to the court system. If it were chifundo kachale certainly its what he was going to do. Chifundo is a no nonses judge. Salila zopusa mu court. Malamulo alipo. Bring credebility by convicting this chilinda who has accepted to have lied under oath now.

  24. Nonse zitsiru za boma. Mumulemeretsa ralph makape inu. At fasting yachani you are already thin mary

  26. These police officers take things for granted and mostly like to twist evidence inorder to crucify innocent people, this time around they must know know that nobody is above the law. He must be punished and at this time when police officers are themselves the armed robbers people complain about. In as much as we want our money back but you can’t do that with people like Ralph & Wapona, case in jeorpady.

    To my country with love.

  29. If our courts want to maintain trust. Stop this case and convict chilinda first for lying under oath. Wavomera kale mulandu. Send him to jail now

  30. Inu aboma stupid zanu mwatinyasa zedi. Why manufacture evidence? 09999445678 call me

  31. Yimitsani yinayi tifuna timve kaye ya chilindayo ya perjury. Mbuzi za police zimadziwona ngati madolo kwambiri

  34. Problem with manufactured evidence ndi imeneyi. It turns out to be lies. Waste of time

  36. mbava zammasuti! akanakhala chimthudulani winawake wa kwa mwitere atamukwidzinga kaletu.

  40. Ine ndi wa police koma chilinda watichititsa manyazi. Ndiwe mbuzi yamano kusi. Mulandu siwako why lie? Just tell the truth period. Wawononga mulandu basi

  41. Ok so chilinda is such a big liar yet is principle investigator? Kikikikiki mary kachale is a joker. I hear you are fasting for this case? Mulungu wake yemweyu kapens wa agogo ako? Ralph apa ndiye wamulephera vomereza. Dont embarrass Living waters church city of eagles

  42. If principal investigator can lie how do we trust any of those investigations? Ndiye kuti zonse ndi zabodza basi. Mwaluza mulandu inu aboma wasting our time and money. Stupid mary kachale

  45. Koma boma limakhala lopanda umboni nthawi zonse bwanji? Iwe mary kachale tangovomera palibe nkhani yapa. Mphwiyo adafera kuba kwake basi. If i were i would have thanked ralph and friends for shooting him otherwise cashagate sikanadziwika.

  46. Zitsiru za boma ndi mary kachale yemweyo. Kodi i thought ralph told you that there are too many errors in your cases? Iwe chitsiru osangovomereza bwanji kuti mulandu palibe?

  47. Honestly speaking the state witnes is afraid of something,how come he changes the story claiming it as a slip of the toung?Malawi sadzatheka may be he is afraid of his life or wapana chimtuwitsa?

  50. Surely he did not mean to lie. He just misrepresented some facts of which the defense team is just trying to capitalise. The truth of the matter is that Raph and team are involved in the shooting. I wonder why this is now taking ages yes it is a common truth.

  54. It happens one can forget I don’t see the issue here.Achina Ralph are just trying to play with our mind

  55. By the way we are not interested in which thief attempted to kill another thief. We just want our stolen money back.

  57. This witness has been discredited by this lie and he may have compromised the entire trial

  59. Supiti zanu mboni za boma nonse mwaluza milandu poyerayera basi chifukwa cha chilinda wabodza

  65. Chilinda ndi mbuzi ya police. A CID onse a pa area 3 station mbuzi zokhazokha. Liars and idiots

  66. All police officers are liars. Arrest and prosecute this idiot to give lesson to others

  67. Mphaka akuthawani mthumba. Stupid errors like these will lead the jury to make a decission otherwise and make the Gvt lose the poor man’s tax money. Watch out!

  69. Tatopa nazo izi. U lawyer siwabwino koma nkumadziwa kuti anapangadi koma nkumawapanga defend .

  70. The attention is supposed to be mine this time around. why are you diverting it back to these looters, mafias and bloody murderers? what about my work towards breathing down on APM’s neck? Nyasa times, don’t steal my show please!

  72. tiyeni nazo the question should be was this Kumwembe indeed at one point in time implicated while in active service?? then??

  74. The state will have to be prepared for damages on the part of Kasambara & friends.It clearly shows it doesn’t have evidence.

  76. That evidence therefore cannot be rendered in court,not credible,he admitted lying under oath,mlandu wagona mafana achite counter sue for defamation,wrongful imprisonment,kumachangamuka pa town,just to quote Atcheya.

  77. The state has to be very carefull with these false wittinesses . These people can only be convicted because your wish is to please donors , with what is going on with this case it is all childish.

  78. Kikikkkkkkkk…. so, what other lies did this witness tell the court? Am afraid this case is crumbling and it will not be a surprise if all these are acquitted

  81. You can beat the Malawi legal system today, but one day the whole truth will be known.

  84. When we told The Lomwe people that Chilinda is a liar they ignored us….What do you say today?

  89. koma anthu amenewa….akutiseweresa a malawi….micheal mtambo pass ur judgemet by may this year

  93. Perjury is a minor issue. The truth is that Chilinda tendered the gun I court. Since this guy is a former soldier he can’t run away from the issue.

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