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von | by Jerome Jeffery <>, 11/Aug/2018

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Kalimba master Kevin Spears has become a familiar and beloved figure at the White Horse Black Mountain through &quot;Masters of the Moment&quot;, an innovative concert series that pairs Spears with various collaborators in an atmosphere that encourages improvisation and exploration. Spoken word and song become part of the mix as Kevin hosts Asheville_s Larry and Linda Cammarata on Saturday, August 18 at 8:00 p.m. In the hands of Kevin Spears the ancient African thumb piano, also known in its modern form as a Kalimba Test - , becomes an orchestra in miniature. He coaxes complex rhythms and melodies from the instrument, enhancing its natural voice with digital loops and effects that allow him to build layers of percussive and harmonic sound.

His compositions range from gentle and meditative to funk workouts that would make Stevie Wonder proud, but a penchant for spontaneous creation also runs through his work. Spears_ virtuosity and musical fearlessness certainly rank him as one of the best kalimba players in the world. Larry and Linda Cammarata are mind-body wellness practitioners who are intensely attuned to the healing properties of sound. Larry is accomplished on many world instruments, including ethnic flutes, hand percussion and didgeridoo. Linda has been singing since the age of five, and her improvisational vocals are a vehicle for contemplation of life_s mysteries. She and Larry weave together their music and ancient poetry in a conscious message of peace and hope. They_ve performed an many events nationwide, including Deepak Chopra_s conference in Los Angeles. Show begins at 8:00 p.m.

_ With respect to paragraph to 1.1.3 of the original post-mortem report the Commission observed that one haematoma is located over the portion of temporal bone which is completely encircled by fracture lines. The other is located just behind it but outside the encircled fragment of bone. _ In paragraph 1.1.5 of the original post-mortem, the oozing of blood from the nostrils and ears is evidence of the fractures of the base of the skull. The Administration of the Malawi Polytechnic, through the Assistant Registrar and the Security Officer, were aware that Robert was being sought after by the Police from 20th September, 2011. The Administration merely advised Robert to surrender himself to the Police. The view of the Commission is that the Administration should have escorted Robert to the SRPH, which is only a few hundred meters away from the Polytechnic campus.

In that way the Administration would have formally confirmed why Robert was being sought after. This would also have ensured Robert_s safety in the hands of the Police. When Mr. Mulenga received the report of the incident from the guards he immediately looked for PSU leaders to help confirm whether the victim was a student. Soon as it was confirmed that he was a student, Mr. Mulenga called Mr. Nitho. Mr. Nitho quickly came to the Polytechnic. He in turn called the Vice Principal. Meanwhile one of the student leaders contacted Mr. Chirambo who immediately went to COM mortuary where the body had been taken. The Commission established that soon upon being aware of the incident the Administration reported to the Police and contacted the parents of the deceased. The view of the Commission is that the Polytechnic Administration properly and promptly responded to the incident.

The Polytechnic Administration were involved in the arrangements after death. Otherwise, the Police took charge of the matter from the moment it was reported to them. The Malawi Polytechnic was outsourcing security services from two private companies, KAMU Guard Services and SFGS. At the material time KAMU Guard Services was responsible for all the hostels and the surrounding areas whilst SFGS was responsible for the rest of the campus, including the area where the body of Robert was found. The arrangement was that each of the company had a designated supervisor in charge of its guards. The supervisor was reporting to the Polytechnic Security Supervisor. The company supervisor was supposed to provide the Polytechnic with a list of guards on duty and their deployment sites, on a daily basis. The Polytechnic Supervisor was supposed to confirm the presence of the guards at the deployment sites.

On the night of 23rd September, 2011 the Polytechnic Supervisor was Mr. Paul Mulenga. The supervisor for KAMU Guard Services was Mr. Gift Chilamwa whilst Mr. Aristariko Chumachiyenda was the supervisor for SFGS. The deployment for KAMU Guard Services was complied with. However Mr. Gift Chilamwa, the supervisor, informed the Commission that most of the guards that month were new. He said that out of the 10 guards, 7 were new. The deployment for SFGS was not strictly followed. For instance, the deployment sheet shows that Frank Makweya was at the Library gate and Chikondi Mwamvera was at the Dispensary. Dispensary. Further, although the deployment sheet shows 31 guards, Mr. Chumachiyenda told the Commission that 5 guards did not report for duties on this night.

The Polytechnic Security Supervisor was not aware of these discrepancies. The view of the Commission is that there was lack of coordination between the Polytechnic security supervisors and the security guard providers. It was apparent that the Polytechnic Security Supervisor on duty did not ensure whether the guards were all present and correctly deployed. The Commission is of the view that there was total laxity such that the security providers were more or less functioning on their own. For that reason it was difficult to immediately establish which guard was deployed to which post. The Commission was told that some critical guards are missing.

These are Elias Phiri, of KAMU Guard Services who was positioned at the front entrance to Hyrid Hostel, where Ndagha was residing and where Robert was last seen alive. The second guard is Harry Makina of SFGS, who was supposed to be guarding the area where Robert_s body was found. The Commission looked for these guards but was unable to find them. The third is Chikondi Mwamvera of SFGS who, according to the deployment sheet, was supposed to guard the Dispensary area which is directly above the place where the body was found. During the site visit the Commission learnt that at the time of the incident there were no gates at the entrances to the Polytechnic.

Notably, the entrance leading to Hyrid Hostel and the entrance that leads to the area where the body was found had no gates. The Commission also learnt that there was insufficient security lighting around the hostel area. The Commission has established that gates have since been installed at all the entrances and the security lighting system has been improved. Circumstances surrounding the discovery of the &quot;Life is a Mystery&quot; poem are unclear. Allan Chipwere told the Commission that on this morning Robert_s bed was well made because Robert had not slept on it. According to Allan, if there was a note of the size that is said to have been found on the bed, he would not have failed to see it. This note was written on size A3 paper (used for engineering drawings at the Polytechnic).

The note, together with a photograph of a female person, were allegedly discovered by Victor Mandiwe when he and some students came to the room to collect a bed sheet to cover the body of Robert. The note was brought to Allan_s attention outside the room as they were walking out. The photograph has not been heard of again. According to Allan Chipwere, Robert_s bed was not tampered with. The bed sheet that was used to cover the body was taken from Allan_s bed. The Commission visited the room and noted its small size and the proximity of Allan_s bed to that of Robert. The Commission is of the view that indeed if such a large piece of paper had been present on Robert_s bed, Allan would not have failed to see it.

The Commission did not have the opportunity to interview Victor Mandiwe as he was reported to be in the Republic of South Africa. Allan testified that on the morning of 24th September, 2011 around 7.30 am, he heard a mobile phone ringing in the room in Robert_s locker. When he picked it and answered, a male voice asked who he was and he said he was Robert_s roommate. Allan asked who was calling, the caller did not tell him his name and cut the line. He checked the call log of the phone and found his number in the received calls.

He realised that it was the number he had called when he last spoke to Robert during the night. It was Robert_s new sim card in Ndagha_s hand set. He was curious as to how the phone that Robert was using during the night had gotten into the room. Allan testified that as far as he knows, after Robert left the room at midnight with Ndagha he did not return to the room. Allan handed the phone to Mr. Nitho. The Commission observes that how the phone got into the room and into Robert_s locker remains a mystery. Mr. Mulenga and one student went to report at Blantyre Police Station about a body lying on the premises of the Polytechnic campus. The Police promptly responded and came to the Polytechnic.

These were Detective Sub/Inspector Banda and Detective Sergeant Zimba. They took the initial photograph and waited for the Detective Sub/Inspector Chambwinja to come. Detective Sub/Inspector Chambwinja soon arrived on the scene and took more photographs and ordered that the body be moved to the mortuary. The Commission observed that the Police did not cordon the place to preserve the scene. They did not take measurements, draw around the body to preserve the original position it was found in, and did not take fingerprints around the area. They did not check for marks of violence. The Police did not invite a medical examiner to the scene before moving the body.

The medical examiner would have done the preliminary physical examination of the body on the site. The findings would have been helpful in estimating the time of death and also whether death had occurred on the site. Police did not immediately trace the guards who guarded the incident area. Police should have called all the guards on duty for questioning on the same day of the incident. The Police docket shows that statements were recorded only from two guards of SFGS, namely Mr. Malipilo and Mr. Chumachiyenda. This was only done two weeks later in October 2011. From the statement of Mr. Malipilo to the Police, he stated that when he was going to the toilet at 03.40am he heard a person groaning. He followed the sound and saw the person lying as if he was sick. He alerted his supervisor Mr. Chumachiyenda.

The Commission observed that Mr. Malipilo is hard of hearing. There are two levels from where he was to where the body was found. The body was on the lower level. The hearing distance is estimated to be 15m. Considering Mr. Malipilo_s hearing impairment, the view of the Commission is that it is unlikely that he would have heard a groaning sound from that distance. Detective Sub/Inspector Chambwinja told the Commission that Mr. Malipilo told him that he actually saw a person going up the stairs before he heard the groaning sound. The Commission observed that this fact is not recorded by Detective Sub/Inspector Chambwinja in the statement that he took from Mr. Malipilo.

Had this statement been made he would not have omitted to record such an important detail. In his testimony Mr. Malipilo himself denied making this statement. He maintained his denial in the presence of Detective Sub/Inspector Chambwinja. As mentioned earlier, Robert_s body was taken to COM mortuary for post-mortem examination. Robert_s brother and sister, in the company of neighbours, came to the mortuary and requested to view the body before the examination. They were allowed to view the body but were not invited to be present during the post-mortem examination. Robert_s mother was present but the relatives did not allow her to see the body because of her high blood pressure condition.

Since the matter was in the hands of the Police, it was the Police who requested for the post-mortem examination to be conducted and the Polytechnic guaranteed payment. The Commission was informed by Mr. Chirambo and the Pathologist that during the examination there was heavy Police presence. The Police included senior officers from the National Police Headquarters and the SRPH. The Commission was further informed that after the post-mortem examination the Police handed the Pathologist the alleged suicide note addressed to Robert_s father. This note had been given to the Police by Mr. Chirambo. It is unusual for the Police to give a Pathologist unsolicited information after a post-mortem examination has been conducted.

In the view of the Commission this, together with the heavy Police presence, was to influence the Pathologist_s decision to perpetuate the suicide theory as discussed below. On arrival at the SRPH, Senior Assistant Commissioner Mwaluka was briefed by Assistant Commissioner Chingwalu and then he met the RCIO Superintendent Chisale, Senior Deputy Commissioner Lexten Kachama and UCIO Superintendent Caroline Jere. _s investigations had found a suicide note. He was given the alleged suicide note and the preliminary post-mortem examination report. Senior Assistant Commissioner Mwaluka then proceeded to draft a press statement. Senior Assistant Commissioner Mwaluka called the IG and read the draft statement to him. According to Senior Assistant Commissioner Mwaluka, this was to seek the IG_s approval of the statement before it could be released.

He said this is the standard requirement. The IG gave his approval for the statement to be released as was. The Press Statement was released in the afternoon of the same day on both television and radio. The Press Statement was taken to the print media houses on the same day and started appearing in the print media the following day. The Press Statement is attached as Annex 11. The IG does not dispute that the Press Statement was read out to him after it was drafted. He made no changes to it. He disputed that it was read over to him in order for him to approve its contents. According to him, the officers on the ground were best placed to determine the contents of the Press Statement.

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