DPP, defence tussle over witness’ document
Director of Public Prosecutions (DPP) Mary Kachale yesterday tussled with former minister of Justice and Constitutional Affairs Raphael Kasambara and two others over the availability of a document related to the imprisonment and release of State witness Charles Chalunda.
The State used Chalunda as one of its witnesses in the case where Kasambara , former Malawi Defence Force (MDF) soldier Macdonald Kumwembe and businessperson Pika Manondo are accused of attempted murder and conspiracy to murder former Ministry of Finance budget director Paul Mphwiyo.
Kasambara is jointly answering the charge of conspiracy to commit murder.
In the course of making oral submissions yesterday, Kasambara demanded that the State should provide written evidence to prove that Chalunda was at one time arrested, served jail or merely incarcerated in a cell or prison.
Blantyre-based presiding judge Michael Mtambo ordered Kachale to get the document which she said she would, but at a later stage.
She said she would ask prison authorities to issue them with one.
But Kasambara objected, saying he did not trust the prison. He said the documents should be sourced from the Judiciary.
The DPP asked the court to concentrate on the substantive issues surrounding the case and not a document she said had no relevance to the case.
The judge agreed with Kachale.
Mtambo has since ordered that the defence should file by June 15 2016 written submissions and serve the same on the State.
The State, on the other hand, has been directed to respond by June 20 2016.
Mtambo has adjourned the case to July 21 2016 when he will deliver his judgement on the matter.
