Judges shunned Mphwiyo shooting case—Mtambo
Blantyre-based High court judge Michael Mtambo on Thursday told the court in Lilongwe that no judge was willing to take up the case relating to the shooting of former Ministry of Finance budget director Paul Mphwiyo.
Mtambo, who is presiding over the matter, made the disclosure as he delivered his ruling on bail revocation on former Malawi Defence Force (MDF) soldier Macdonald Kumwembe, one of the accused persons in the case, whom Mphwiyo identified as his shooter.
The judge said registrar of the High Court Lilongwe Registry, Justus Kishindo, and former chief justice Anatsazia Msosa struggled to find a replacement after judge Fiona Mwale recused herself.
Said the judge: “Let me tell you how I came to preside over this case. The registrar and former chief justice Msosa tried to get judges from Zomba, Mzuzu, but it was not possible and that was how I ended up handling the case.”
The case on the shooting of Mphwiyo outside the gate of his Area 43 residence in Lilongwe on September 13 2013 has attracted public attention due to the drama surrounding its proceedings.
Two of the three accused persons—former minister of Justice and Constitutional Affairs Raphael Kasambara and Kumwembe—had their bail revoked as they were deemed threats to the judge’s security.
Director of Public Prosecutions (DPP) Mary Kachale at one time accused the defence of employing “mafia-like” tactics in the course of the trial.
Court records show that two Lilongwe-based judges — Mwale and Esme Chombo — recused themselves from the Mphwiyo shooting case.n
