Mphwiyo, others’ case concludes, ruling March

Hearing of a 2014 Cashgate trial involving former budget director Paul Mphwiyo and nine others was on Tuesday concluded at the High Court in Lilongwe and the court is expected to pass judgement before March 2023.

The High Court of Malawi found Mphwiyo and the others with a case to answer in May 2020 in connection with alleged theft and money laundering of K2.4 billion of public funds.

The judgement will be delivered eight years after events of September 2013 which started with the shooting of Mphwiyo at the gate of his Area 43 house in Lilongwe. The revelation became the country ’s biggest cor r u p t ion sc a n d a l branded Cashgate.

A total of 19 accused persons were arrested and charged at the start of the trial, but five have since died over the eight-year trial period while four were discharged and one was convicted and sentenced.

Those who died include Kazombo Mwale, Maxwell N a m a t a , A n d r e w s Chilalika, Limumba Karim and Gerald Magaleta Phiri.

The four who have been temporarily discharged are Sympathy Chisale, Ndaona Satema, Fatch Chingano and Cecilia Ng’ambi.

Stanley Mtambo pleaded guilty at the beginning of the trial, was convicted and served his sentence.

Presiding judge Ruth Chinangwa has directed that both the State and defence teams be served with a court record electronically by end of September 2022. She has given both parties three months to prepare closing submissions.

In an interview on Tuesday after conclusion of the trial, Director of Public Prosecutions (DPP) Steven Kayuni said he was relieved that the case has finally been concluded.

Said the DPP: “We are glad that we have come to the end of such a long trial. It is now for the honourable court to issue out its judgement on the probative value evidence before it. We patiently await that day.”

Earlier in the day, one of the accused Steve Phiri, whose bail was revoked for intimidating a witness Stanford Mpoola during hearing on Monday, applied for bail but the court denied him his plea.

Phiri is said to have sent an intimidating text message to Mpoola while the witness was giving his testimony.

In his ruling the judge said: “It is not true that the accused person won’t be able to meet submission if he is sent to prison. Prison has access. It also hasn’t been shown that your right will be hindered once in prison.

“What the accused did was open defiance. The ruling of the court is that the accused person remain in custody and has a right to appeal.”

During trial, the State paraded 35 witnesses and tendered 300 exhibits.

Last year, lawyer for four of the accused persons, Gilbert Khonyongwa, stopped representing his clients citing contractual disagreements. Mphwiyo, whom then president Joyce Banda claimed was shot for a l l e g e d l y ex p o s i n g Cashgate, is the high-profile suspect in the case alongside former Accountant General David Kandoje.