BLANTYRE (Malawi NewsNow ) —Malawi’s former president Mrs Joyce Banda can be forced to come in the country through a process of court subpoena to appear and testify in court as a witness in the case of attempted murder of former Ministry of Finance budget director Paul Mphwiyo, a lawyer has cautioned.
One of the suspects, Mr Pika Manondo, mentioned Banda among his possible witnesses after being found with a case to answer.
But Banda who is abroad, says has nothing to do with the case and will not be defence witness.
Her spokesperson, Mr Andekuche Chanthunya, said the former Malawi leader “will not become a witness.”
Law expert Mr Justin Dzonzi said Banda risks being prosecuted for contempt of court if she fails to become a witness
“Legally, any person who possesses information on matters in court proceedings is a competent witness and can be compelled to testify. So, if Mrs Joyce Banda has knowledge of the events leading to the shooting of Mr [Paul] Mphwiyo, she can be compelled by the process of subpoena to appear and testify in court,” said Dzonzi.
Manondo, who is currently facing attempted murder and conspiracy to commit murder charges, mentioned Banda, former guard commander a Mitepa, Gostera Chimseu, a Mr Kadzamira and private practice lawyer Wapona Kita as his witnesses.
Banda is on record to have told a public rally when she was Head of State that she knew who shot Mphwiyo but later retracted.