Defence lawyer Wapona Kita in the ongoing attempted murder case of former budget director Paul Mphwiyo yesterday paraded a ‘fake’ call log to a State witness during cross-examination.
But before he could pose his question to an expert witness from Airtel Malawi, Director of Public Prosecutions (DPP) Mary Kachale asked presiding judge Micheal Mtambo to cross-check.
It took about 15 minutes for both parties to agree to disregard the documents.
‘’I think we need to use the call logs which came from Airtel Malawi for now before we could go into all the details as to how counsel got hold of them,’’ she said.
Before ditching the logs, Kita asked for some time to confer.
Lead police investigator Kankhwala Chilinda also questioned the authenticity of the call logs on Tuesday.
In cross-examination, defence lawyer John Gift Mwakhwawa wondered if the call logs could determine the caller behind the voice.
He also wondered if Airtel’s One Network exists in Mozambique where his client, McDonald Kumwembe, was alleged to have been.
Mwakhwawa also expressed the possibility that Kumwembe’s phone could have been used by his wife to welcome him from Mozambique.
In response, Airtel expert said their system does not trace the caller and that it is possible that Kumwembe’s wife could have been using the phone.
“It’s very possible but note their sequences to all the phones being made and the time in seconds,’’ said one official.
His response put to rest questions raised by defence how they are able to follow the caller and their conversations given they do not know the caller behind.
Meanwhile, judge Mtambo is expected to make a ruling on April 28 2015 whether the six suspects have a case to answer.
Mphwiyo’s shooting on September 13 2013 opened a can of worms on how government resources were being plundered.
