Former Malawi Defence Force (MDF) soldier Macdonald Kumwembe and businessman Pika Manondo have both been found with a case to answer on all charges of attempted murder and conspiracy to commit murder on former budget director Paul Mphwiyo.
Making his determination at the Lilongwe, High court Judge Michael Mtambo said prosecution has successfully established a case where the two have to enter defence.
Kumwembe, who Mphwiyo identified as his shooter and Pika Manondo will start defending themselves.
Judge Mtambo established that the stamps in Kumwembe passport were not enough proof that he was outside the country when Mphwiyo was shot.
“Airtel evidence show that the first accused travelled from Mwanza a day before the shooting and was in constant communication with Pika Manondo and Ralph Kasambara,” said Ntambo.
He also quashed the defence argument that Kumwembe might have left the phone with his wife because he was in Mozambique where there is not Airtel network.
“Cellphones are personal to holder and cannot be given to another person who can be going around town calling friends even at wee hours,” observed the judge.
He also noted that Mphwiyo’s identification of Kumwembe through the newspapers as the one who shot him was also not valid.
“During Mphwiyo’s testified that the one who shot him wore a mask, therefore we left with only one identification method that is through technology mainly DNA which is done in USA and Airtel call logs also can not help in this matter,” he said.
Turning to Pika Kumwembe, Mtambo said the call logs have shown that he was in constant communication with both the co-accused Ralph Kasambara and Kambuwe.
“The call logs and the sms shows that the accused was in some panick. The fact that that he went soon after the shooting and return a month later shows that something went wrong. He is therefore has a case to
answer on both charges and has to enter defense,” ruled Mtambo.
As the judge read the ruling which took almost two hours, the two accused at first looked calm but they became tense soon after the ruling.
The case has been adjourned to May 22, 2015Follow and Subscribe Nyasa TV :