Prosecution protests ‘mafia-like’ operations
Prosecution in the case of the shooting of Malawi’s former Ministry of Finance budget director Paul Mphwiyo has accused the defence of employing ‘mafia-like operations’ to intimidate State witnesses.
Director of Public Prosecutions (DPP) Mary Kachale said in Lilongwe yesterday: “It is in the considered opinion of the State that the circumstances we are facing can best be described as peculiar. We might not be experts of mafia-like operations, but it looks like we are dealing with mafia-like operations.”
The Mphwiyo shooting case resumed yesterday to continue hearing testimony from State witnesses, but the prosecution applied for revocation of bail of five accused persons.
The five are former minister of Justice and Constitutional Affairs Ralph Kasambara who is answering charges of attempted murder and conspiracy to commit murder alongside Macdonald Kumwembe who Mphwiyo identified as the shooter, Dauka Manondo, Pika Manondo, Robert Kadzuwa and Osward Lutepo. Lutepo is yet to enter his plea while the other suspects have pleaded not guilty.
Kachale said the application was being made in open court because the State has noted that this could ensure the security of witnesses.
She further explained there was a balance of probability that there had been interference and intimidation of State witnesses and the State had proof in its custody.
The proof included recording of statements of two witnesses named Chalunda and Defeneya who requested for protection from the police claiming their lives were in danger.
The State was ready for the court to listen to the four-hour recording of the witness statements.
But presiding High Court judge Michael Mtambo said this should be shared among the lawyers for them to make submissions for or in opposition of revocation of bail.
However, Kasambara took exception to the application, accusing the State of mudslinging and personally persecuting him. He also accused the prosecution of deliberately delaying the case.
Kasambara condemned the two witnesses who are accusing the defence of intimidation, arguing that they are serial convicts.
But Kachale said the credibility of the witnesses would be dealt with once they appear in the dock.
She said it was sad that Malawi did not have a witness protection programme, which could have secured them before they made an appearance in court.
Another defence lawyer, John-Gift Mwakhwawa, asked to be officially served with the recording before making his submission while Kasambara asked for more time to get affidavits from Chalunda’s lawyer and conviction records for Chalunda and Defeneya.
There was heavy armed police presence at the courts in Lilongwe yesterday, which has not been the case since trial started last year.
