State witness discredit prosecution’s testimony in  K2.4 bn Cashgate

The 26th State witness in the K2.4 billion Cashgate case, Gerald Chiwanda, a detective officer at Fiscal Police  on Friday stunned a packed courtroom in Lilongwe , when he emphatically told the High Court that he does not believe his own testimony.

Lawyer Powel Nkhutabasa :  Defending 

He was testifying in the criminal case in which former budget director Paul Mphwiyo and 18 others are accused of being involved in the squander of public funds in 2013.

During Examination-In-Chief on Wednesday by State Prosecutor, Enock Chibwana, Chiwanda, among others, tendered a statement by businessman Stanford Mpoola which alleged that Mpoola was approached by ruling Democrtaic Progressive Party (DPP) deputy director of youth Hophmally Makande to be used in cashgate.

Makande,  reportedly approached Mpoola when he was serving in the then ruling People’s Party (PP).

It also alleged that Mphwiyo approached Mpoola and that Mpoola used to handover money from his  Stadal Constructions projects  to Mphwiyo to give to PP leadership.

But during cross-examination on Friday, one of the defense counsel, Powell Nkhutabasa, who is representing Mpoola grilled Chiwanda on his testimony.

He asked Chiwanda how many statements they took from  Mpoola. In his response,  Chiwanda said  he recorded several statements from the accused person.

Asked whether he believed any of the statements he obtained from Mpoola and tendered in court as part of his evidence, Chiwanda emphatically replied that he did not believe any of the statements that he obtained from Mpoola.

Nkhutabasa asked the same question four times and an unmoved Chiwanda emphatically responded that, “ No, I do not believe any of the statements (obtained from Mpoola and tendered in this court).”

Even asked in a different manner as to whether he believed some of the elements of the statement he had tendered, Chiwanda remained emphatic that he did not at all believe the statement or any part of the statement including the allegation that Mpoola was giving money to Mphwiyo to handover to leadership of People’s Party.

As Nkhutabasa told presiding Judge Esme Chombo, that he had no further questions for the witness, the prosecution team looked stunned.

Speaking to Nyasa Times some of the defense lawyers after the September sitting session, they spoke highly of Chiwanda as a seasoned investigator with integrity.

“ Assistant Commissioner Chiwanda, is a very respected and seasoned investigator who was one of the lead investigators of cashgate.  If you noted, his testimony was very professional, objective, and truthful. Besides that, it would take a person of serious integrity to tell a court that although I am here to testify against so and so, I do not believe what I tendering to be true,” said one of the defence attorney.

Chiwanda is the  Deputy Head of Fiscal and Fraud  department at Malawi Police.

Before the court adjourned on Friday, the State tried in vain, during re-examination of Chiwanda, to make him tell the court that they were some elements he believed but respected and Judge Chombo, swiftly sustained an objection from defense counsel, Nkhutabasa who objected to the line of questioning by state prosecutor Enock Chibwana that made Chiwanda to tell the court that he believed in some statements.

Said Judge Chombo: “I remember Counsel (Nkhutabasa) asked the witness several times, four I think, whether he believed the statements he tendered or any elements of them. At all times, the witness categorically responded that he did not believe them or any element of them. We can not allow any other explanation to alter that.’

The court has since been adjourned to November where the state is expected to parading its witnesses.

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mbava
Guest

l totally agree with Central these guys are mafias !! They all deserve to rote in jail 😂😂😂

Central
Guest
Central

Something in form of things threats to his life has happened to this Chiwanda guy and we don’t need scientific evidence as regards why these eleventh hour change of statements!! Kodi mumayesa anthu a ndale ndi amasewela? Mumufuse chiwanda akuuzani zimene akukumana nazo!! I am certain he is regretting to be a policeman and in particular for being responsible for this case………….!

Adada
Guest
Adada

kkkkkk ofcourse wapolisi samaopa..

Phwisa
Guest
Phwisa

Then he is not worthy a State Prosecutor. I dont think Govt is paying him that he is working for it. He has to be demoted. No wonder we see Govt losing most of its cases. Its the type of prosecutors he has employed. There are able people out there who can work with patriotism and intergrity

Lilian Kaunda
Guest
Lilian Kaunda

For starters I think some people are ignorant about how cases are held. Why is Kachali name coming in. As a prosecutor Kachale job is to formulate charges based on investigation material submitted to her office and in this case Chawanda is not a good investigator if he brought useless information and dispute the same in court.

kaguta
Guest
kaguta

That is the problem with subjective prosecution. DPP Kachale has been desperately obsessed with dragging Joyce Banda into cashgate through Mphwiyo. But the Story does not add up. You can not rely on an alleged confession of a jail snitch like Kalonga to build a case so wacky from word go. Jail House snitches like Kalonga tell investigators what they want to hear especially if promised a deal.

Chiwanda is a proper investigator who was able to descern that trickery and untruthfulness and has the audacity and integrity to tell the court the same, probably against the prosecution’s wish.

Game over !!!

If there is a minister who is daft in this stupid
Guest
If there is a minister who is daft in this stupid

Just jail them all. All those are thieves; including Joyce Banda.

Picho
Guest
Picho

Very strange state witness unless the press is misleading us here !

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