Moment of truth

After almost three years of trial, the High Court in Lilongwe is Thursday expected to deliver judgement in a case in which three people are answering charges in relation to the September 13, 2013 shooting of former budget director, Paul Mphwiyo.

In the case, Macdonald Kumwembe and Pika Manondo are each answering charges of attempting to murder and conspiracy to murder while former minister of justice, Raphael Kasambara, is facing the charge of conspiracy to murder.

Judge Michael Mtambo is expected to deliver the ruling following the conclusion of the matter last month. Since taking over the case in June 2014, he has been saying the case is a straightforward one.

Five, six, then three suspects

The case started with five suspects: Macdonald Kumwembe, Robert Kadzuwa, Pika Manondo, Dauka Manondo and Raphael Kasambara. Cashgate convict Osward Lutepo was, at a later stage included, in the case.

However, on April 29, 2015, Lutepo, Kadzuwa and Dauka Manondo were found with no case to answer.

Kumwembe and Pika Manondo were found with a case to answer on two counts: attempted murder and conspiracy to murder. Kasambara was found with a case on the count of conspiracy to murder only.

Three judges

Judge Ivy Kamanga was the first presiding judge, before she recused herself. Judge Esmie Chombo took over the case before she also recused herself.

Mtambo took over the case in June 2014, to its conclusion. This is despite meeting applications along the way by some of the accused persons to recuse himself, citing a number of reasons. Kumwembe made two applications, while Kasambara made one.

In the last application, in November last year, Kumwembe argued that looking at how the case was progressing, it seemed that the accused persons had grudges against the judge. It was at a time there were reports that Mtambo was being threatened by the accused persons.

“It seems that we have personal grudges against you. We want another judge who has no personal interests in the matter,” Kumwembe then said.

Director of Public Prosecutions (DPP), Mary Kachale, asked the judge to dismiss the application.

“Reasonable people should not think that the judge is being biased. This type of application is frivolous. It should be thrown out,” Kachale said.

The judge eventually dismissed the application. Since then there has been no further application until the matter was closed.

Twists and turns

There were a number of issues raised in the case. At one point, Kasambara’s bail was revoked, and then restored. Kumwembe had to spend four months in jail for calling the Judge, a modern-day Robinhood. Robinhood, is English folklore which in simple language means a thief.

The Judge found him to be in contempt of court.

Again, the day the matter was supposed to be closed in May, the State asked the court if it could bring more witnesses, for cross-examination.

In July 2014, the court convened at Mphwiyo’s residence where first state witness, Charles Singano, testified. All court procedures were followed at the venue.

It has been a case which has seen tempers flaring. At one point Kasambara was cautioned for threatening to slap Kachale. With Kachale herself getting angered by some allegations, Kumwembe made during the case. This happened in May as one State witness, Luciano Chiumbuzo, took to the dock.

During the course of the trial, the case shifted from the main issues, to some political connections which some of the accused persons had.

There were talks on strategies that the former ruling Peoples Party, was employing to win 2014 elections, including manoeuvres to weaken opposition Malawi Congress Party (MCP) towards the elections.

Mphwiyo’s shooting, preceded revelations of massive looting of government coffers which has now been dubbed Cashgate.

Delivery of the judgement is expected to be live on Times Television and Times Radio.