ATLANTA, GA August 7: A lawyer who was in court today listening to part of Raphael’s cross-examination of Paul Mphwiyo, saying that Paul Mphwiyo invented facts would be an understatement.
Apparently his initial statement to the police states that he did not recognize his assailants but highly suspected that Raphael Kasambara could be the one who organized the shooting because he was pressurizing him to make certain payments.
It appears the State was not forth coming in making statements Mphwiyo made to the police available to the Defence as is required by law. When asked on why he did not tell the police the names of his assailants when he was initially interviewed, he told the court that he could not do that since his first statement was recorded when he was in RSA receiving treatment and he felt his family would be vulnerable.
The subsequent statements to police and in court state that he saw Kasambara and Pika Manondo at the gate leading to his house.
His own guard contradicted him on the identity of his assailant. His guard told the court that there was only one attacker who wore a mask.
In court, Paul Mphwiyo stated that he was not able to recognize the actual shooter but at his house he told the court that he recognized the one who pulled the trigger.
The cross-examination also revealed glaring inconsistencies between what he stated in examination in-chief and during cross-examination.
Observers are warned to expect more drama to unfold tomorrow. People are anticipating that Raphael Kasambara known for his theatrics in court has more up his sleeve.
It was also revealed in court that the Vehicle that Paul Mphwiyo was driving that night cannot be found. Paul Mphwiyo told the court that even though he knew it was part of evidence he sold it.
One wonders why the Malawi Police never impounded the vehicle that same night. Incompetence or something more sinister?.
The danger with concocting evidence is that a witness’s credibility is lost for good and cannot be recovered. This is what is happening in this trial. It is apparent that Mphwiyo has told several versions of the story and what he is saying in court does not jive with some of his earlier statements.
Tomorrow, we will be hearing about the US70, 000 dollars which lawyer Yambani Mulemba collected from Mphwiyo’s house immediately after he was attacked. We will also be hearing about Mphwiyo’s affairs with other people’s wives.
The anticipation is palpable.