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| National |
| Murder suspect Macholowe accuses state of conspiracy |
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by
Henry Chilobwe, 26 January 2005
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11:08:57
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Murder suspect Clive Macholowe has accused state lawyers of conniving with convict Joseph Mpasu to implicate him in murder charges.
Macholowe said when he was giving his evidence in court on Tuesday he is standing trial on trumped up charges that are going to be a conduit for Mpasu’s release.
Mpasu, who was convicted of armed robbery and is serving a seven-year jail term with hard labour, testified against Macholowe and told the court a couple of weeks ago that Macholowe sent him to hire two vehicles from Safari Car Hire that were used in the robbery at Blantyre district education offices in November 1997.
Macholowe who donned a Catholic rosary, carried a black Bible and made a sign of the cross on his way to the witness box. He said it is not surprising that Mpasu has been turned into a state witness in order “to buy his release from prison”.
“Lawyers for the state know that the evidence given by an accused person cannot be used against another person, so they turned Joseph Mpasu into their witness just to make sure that I suffer in prison,” said Macholowe.
He also alleged that one of the state lawyers Zione Ntaba is in a love relationship with Mpasu and that she had collaborated with Attorney General Ralph Kasambara, who was Mpasu’s lawyer at the time of his trial, to turn Mpasu into a state witness and send Macholowe into prison.
“Mpasu was represented by Ralph Kasambara and now that he was appointed Attorney General he collaborated with that state lawyer who has not come today to let Mpasu testify against me. And on his part things are okay because he is going to be released on 4 April and they want me to languish in prison but I thank God for revealing these things to me. I have prayed hard and he has informed me about all this,” said Macholowe.
Two other witnesses, Justice Mbekeyani and Evance Mikundi, also testified for Macholowe and both alleged that Mpasu is in a relationship with state advocate Zione Ntaba.
Mikundi told the fully packed court that Mpasu was annoyed when he heard that Macholowe had been pardoned and vowed to make sure that he returns to prison.
“Mpasu was very bitter with the pardon of Clive Macholowe. He went on a hunger strike and said he would make sure that Macholowe is arrested again using his girlfriend who is in government,” said Mikundi.
Mbekeyani, who claims Ntaba is his niece, told the court he is the one who mediated the relationship between the two in 1996 and used to arrange for their meetings.
In cross-examination Director of Public Prosecution (DPP) Ishmail Wadi said he could not understand why an uncle could stand in court and say embarrassing things about his niece.
“Mr Mbekeyani, would I be wrong to say you hate your niece because she is a successful lawyer and that you are an armed robbery convict and that this is why you stand here to embarrass her?” asked Wadi.
Earlier in his evidence, Macholowe denied both counts of murder and armed robbery and said all the 10 witnesses that testified for the state never saw him conduct the robbery nor said they found guns belonging to him.
He challenged the state to produce the pistol that was allegedly found together with other guns at Yusuf Sanudi’s house which state witness Mpasu said was procured by Macholowe in preparation for the robbery at Blantyre district education offices.
“Joseph Mpasu said I brought a pistol for the robbery but where is it? My Lord on 25 October I sat in the dock over there crying that I have never killed anyone, that I did not kill Fanuel and that I know nothing in this case,” said Macholowe.
Prior to hearing, the court premises were awash with people who wanted to hear the proceedings.
They queued again waiting to be searched for weapons before entering the public gallery which could hardly contain all of them and many were forced to hear the case while standing. Armed policemen also patrolled the court.
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