Observers who have been following the Paul Mphwiyo case in court now believe Director of Public Prosecutions, Ministry of Justice Mary Kachale is on her way to blowing this case. She appears to be over matched by the likes of Raphael Kasambara and the other experienced defence attorneys.
The observers sight her failure to get key witness Charles Chalunda to stick to one story. Chalunda who had earlier claimed that the defendants Raphael Kasambara and Pike Manondo were threatening to harm him If he testified against them in an about face refuted those assertions and basically accused Mary and her team of coaching him to lie. Obviously Charles Chalunda is more scared of the defendants than the power of government behind Mary Kachale.
If Mary Kachale was serious she should immediately have charged Charles Chalunda with perjury.
Another example sighted is that of Oswald Lutepo who the only witness who identified him as one of the plotters withdrew his accusations and said it was Manondo. Why is sick Lutepo still answering this case when the lead detective admitted he had no evidence against him?
Lutepo is a vital part to the Cashgate cases that will come later. If Mary was on the ball she need to cut him loose on this case so that he can help identify more senior members of the Joyce Banda government who were on the take and who should answer to Cashgate. Lutepo did not approve fake contracts or sign cheques, he just cashed them after they were handed to him by people who had access to the faulty government payment system.
Another example of her incompetence is failure to explain the Paul Mphwiyo phone logs. How did she not seek clarification from Airtel beforehand rather than wait until the defence pointed out problems with the logs and be accused of doctoring them?
Her unwillingness to question Former President Joyce Banda to get clarification as what she meant when she uttered days after Mr Mphwiyo’s misfortunes her statements claiming that she knew who had shot Paul Mphwiyo. At least get an explanation as to why she believed strongly she knew who had shot Paul Mphwiyo. After all she was in-charge of Malawi security and head of the Army and the police including our national security branches.
Witness Charles Chalunda should have been offered Police protection, it is obvious that the poor chap does not feel safe. Who would feel safe after what happened to Mphwiyo?
Mary Kachale who accused the defendants of Mafia like intimidation of prosecution witnesses, should provide police protection for all of them otherwise she should do as defence attorney, John-Gift Mwakhwawa, to demand that the state withdraw the words use of mafia like tactics to intimidate state witnesses.
An audio recording of Chalunda was played before the court with him saying Kasambara and Pika Manondo were threatening him. However Chalunda told the court that he was instructed to say what was contained in the recording by the prosecution.
“I was told what to say in the recording and I never told them that I was being threatened. I don’t know anything about this,” Chalunda said.
In cross-examination lawyer Mwakhwawa asked Chalunda that he had no knowledge of the case and he is being dragged into the case by prosecutors.
He responded: “Yes they have been forcing me all along I don’t know anything about this case.
Mary Kachale should realise failure to prosecute this case correctly will have many people doubt her capabilities and whether she can really hunt down the big fish in the Cashgate saga.
