It is reported that one of the accused in the attempted murder of former budget director Paul Mphwiyo, Pika Manondo wants former President Dr. Joyce Banda to appear in court as his witness in the case which led to the revelations of the massive looting of public funds at Capitol Hill dubbed cashgate.
Manondo made the call today before Lilongwe High Court Judge Michael Mtambo when the case resumed for hearing.
It is very unlikely that former President Joyce Banda who has refused to set foot in Malawi since losing to Peter Mutharika even If summoned will be forced to travel to Malawi.
However If the judge presiding on the case can be convinced that the former President is indeed a material witness, then arrangements at the expense of the Malawi Government can be made for the Prosecutors and the defense attorneys including the defendants to travel to where ever Joyce Banda resides..
If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in accordance with the provisions or find other means for the witness to testify. They can also use video conferencing to get the testimony of Former President Joyce Banda.
According to the same reporting Manondo who was without his lawyer Gift Makhwawa also want Chief Presidential guard to the former President to also appear in Court as his witness.
In a related development, lawyer of MacDonald Kumwembe who is also answering conspiracy to murder Mphwiyo along with former Justice Minister Raphael Kasambara, Wapona Kita has recused himself from the case.
The development means Kumwembe is supposed to find another lawyer to represent him in the case.
In a very surprise move Raphael Kasambara who is representing himself in the case has said he will not parade any witness in the case. It was Raphael Kasambara who first listed Joyce Banda as a potential witness in the case.
What is true is that this case has a lot of surprises in store for us.
