Dejected Malawi renowned Lawyer Raphael Kasambara to appeal conviction: Mphwiyo shooting case

LILONGWE (Maravi Post)—The Lilongwe High Court Judge Dr Michael Mtambo has found former Minister of Justice Ralph Kasambara SC guilty of conspiring to murder former Malawi budget director Paul Mphwiyo while Pika Manondo and McDonald Kumwembe have been convicted for attempted murder.Giving the judgment on Thursday, Mtambo said all the evidences though some were incorrect, pointed to the fact that the trio was well organized to murder the former budget director.

“Having thoroughly analyzing the evidences presented by the state, I find the three accused guilty and I, therefore convict them accordingly. They will be on remand,” said Mtambo while standing as the accused looked dejected.

Throughout the session, the accused were seen downcast with their faces down as if they were aware of the outcome.

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 judgment 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, particularly 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 “suspicious”

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.

In an interview with the media, Kasambara said that the judge was compromised in handling the case and that he will appeal the case.