Judge Mtambo made an error in law: Kasambara claims its victory for vendetta not justice

Convicted former Justice and Constitutional Affairs Minister, Raphael Kasambara, has insisted that the verdict handed down by Judge Micheal Mtambo was unreasonable and couldn’t be supported by evidence to convict him and two others for attempting to murder the country’s former Budget Director, Paul Mphwiyo, in 2013.

Kasambara being taken to Prison pending sentencing

Kasambara being taken to Prison pending sentencing

Kasambara's wife weeping

Kasambara’s wife crying

Before heading to Maula Prison awaiting sentencing, Kasambara Senior Counsel, said Judge Mtambo made an error of law one too many in his determination.

“This was a miscarriage of justice,” he screamed before board a police vehicle and heavily guarded.

“This is a stage d case, staged jusge and the whole set up was staged,” Kasambara said , vowing to appeal at the Supreme Court of Malawi the conviction and would overcome in the end, adding that the judge was compromised.

“This battle we will win, God will fight for us,” said religiously the former justice minister who is a devout follower of Prophet Shepherd Bushiri.

The court found Kasambara and two others, Pika Manondo and Macdonald Kumwembe, guilty of conspiracy to murder and also found the other two guilty of attempted murder.

High Court Judge, Michael Mtambo, after a rigorous court hearing and submissions over the years, handed down the judgment to the three before a jam-packed court and live coverage on Times TV.

Outside court, Kasambara’s wife, relations cried and others ranted at Judge Mtambo.

“We knew it already Mtambo has a vendetta against Kasambara and wanted to score a victory by convicting him,” said a young man believed to be a relation and he talked legal language by pointing out that the judge made an error in law by overlooking what he said “ a binding precedent.”

He said a legal precedent was established in the case of Anti Corruption Bureau and former principal resident magistrate Mzondi Mvula where Supreme Court dismissed the evidence based on call-logs, saying it doesn’t provide evidence of what callers were discussing or conspiring.

“Therefore in my view the judge made an error of law,” he said. “The judge got it wrong,  hte verdict was unreasonable and not supported by the evidence.”

But State Assistant Director of Public Prosecution, Enock Chibwana, hailed the judgment, saying the judge analysed the submissions without any bias.

Law academician at University of Malawi, Edge Kanyongolo said by convicting the three, the judge was satisfied with evidence.

“ It means in the views of the judge all the evidence have demonstrated there have been enough proof,” said Kanyongolo.

Kanyongolo said before talking about appeal bid, the next phase is sentencing.

“State will probably be looking more serious punishment while the  defence will give mitigating factors to get lighter sentence,” he said.

Making his ruling, Judge Mtambo said:” After analyzing all the evidence in this case, I convict them accordingly.”

He revoked bail for the three and ordered that they  should be remanded in custody until sentence.

No date was set for sentencing.

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mimi
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mimi
2 months 1 day ago

I remember I was young there was a lady ralph wanted to marry based in the states,makolo ake anamukaniza kunena kuti they see evil in ralph that was around 90s ,lucky mwanawawo anali omvela anapulumuka so evil ralph lafote lakwana

prof. Odiyayo
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prof. Odiyayo
2 months 2 days ago
Honestly, this judgement is not convincing at all and does not deserve to be made by a PhD or LLD holder. It is based on hearsay. I accept proof of evidence is not the same as proof of innocence but the argument made in this ruling lacks all aspects of jurisprudence. I know that in Malawi no single lecturer in the fact of law has specialized in jurisprudence as many of them are human rights lawyers. Talking to colleagues in UK who are expert in criminology and jurisprudence, laugh at the way the learned judge at his verdict using phone… Read more »
VYOTO
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VYOTO
2 months 2 days ago
The case and the comments are interesting to many of us who do not have a legal background.Unless, provision of evidence beyond reasonable doubt has changed its meaning, call logs are not providing the ultimate evidence at all in this case.One Stanbrook who represented John Tembo in the Mwanza murder case. clearly said in court that “hearsay upon hearsay” is not evidence.The judge admittedly said both sides provided some lies,then i wonder whether part of those lies are constituting evidence beyond reasonable doubt????A Chibwana? A prosecutor who had evidence beyond reasonable doubt, why should he be tempted to add lies?… Read more »
bonya mthaka
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bonya mthaka
2 months 2 days ago

These guys deserve to be at Maula. They were mafias in Malawi. They thought they were untouchables.Lero la 40 lakwana. Maggie anali mkazi wowoneka koma unangomukwatira mkazi osamaoneka bwino. Uli uhule wamamuna. Matendawo samafunikatu kundende mukafera komweko. Wazunza miyoyo miyandamiyanda ya Amalawi underground. Mtambo is man of the year. Komano chibenzi chako china cha pa KJ chadandaula zedi. Ife tikumwabe wamkaka sitibadalira cashgate. Munthu wopepera kasamabala

Tadala Themba
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Tadala Themba
2 months 2 days ago

Hang on a minute- is the DPP friends with Margaret Kasambara or is my sight betraying me? Raphael should be talking of conspiracy between these two! Is she really crying or pretending. What woman can cry for a person of RK behaviour? Or she is happy zamuchoka. Did anyone see real tears coming out of her eyes – and were they tears of joy or sorrow?

zoona
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zoona
2 months 2 days ago

Inunso achitsiru zamuchokanso chiyani apa. Maggie loves Ralph despite what you think. Iweyo who fucks nunkha dala wakoyo. Its obvious you are a very stupid “fuckable” cheap harlot.

wawa
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wawa
2 months 2 days ago

ameneyu nde judge judge amagamula ..chigamulo chatsala pang,ono.. kodi kasambara adzingo nveka ngati kuti eyeyo master of all things? ngati hes tolking about God … we tahnk you… mabvuto brings you close to God then akakulitsa you warship God…kasambara has done alot of wrong things but did not face justice…. He has to face now

The Analyst
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The Analyst
2 months 2 days ago
O………………………………………………………………………………………………………………………………………………………………………………………………………………………….O Everybody knows that when a horse is about to die, it makes some useless kicks; and that when a person is about to die, amakhala ndi nkhani zambiri koma zosamveka bwinobwino iai, njala yodabwitsa e.t.c . . . this is exactly what Kasambara is doing. ……………………………………………………………………….. Yes, Kasambara has the right to bark, be angry and say whatever he likes, coz he is yet to recover from a mental shock, confusion and madness. . . . but what good will this do him when he barks or tells his stories to the wrong people? people who cant do anything… Read more »
old lady
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old lady
2 months 2 days ago

I think you are the one who need to shut your stinking mouth! why are you so against him? you always make stupid comments thinking you know better, let me tell you if you are clever you are clever and if you are stupid you are stupid!

The Analyst
Guest
The Analyst
2 months 1 day ago

O……………………………………………………………………………………………………………………………O
Old Lady, you have the right to be as angry as Kasambara himself; but know that . . .
“The frown on the face of a goat will not stop it from being taken to the market.” – Nigerian Proverb
…………………………………….
. . . As for my “stupid” comments, know that . . .
“A lion does not concern himself with the opinion of a sheep.” – Tywin Lannister
O…………………………………………………………………………………………………………………………….O

Phil Kaputa Harawa
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Phil Kaputa Harawa
2 months 2 days ago

There was/is no evidence that what Kasambara, Manondo and Kumwembe were discussing/talking over phone was conspiracy to commit murder. Much as the call logs were presented as evidence in this case, the DPP nor the judge could not tell what was the actual details of the conversation(s). How many other groups of people had conversations before and after Mphwiyo’s shooting? Much as I do not have anything to do with Mr Kasambara and company I support them to appeal this conviction and subsequent sentence. I am not convinced anta pang’ono.

Kkkkkk
Guest
Kkkkkk
2 months 2 days ago

Fuck off he should rot in jail he thinks he is the most educated person in malawi next time tell him to be humble and respect his fellow lawyers he’s such an idiot weekend imeneyi ku nde nde hahahahahah kaya ndi able anu Musatinyase get a life asova yekha ku maulako

Bounty Killah!
Guest
Bounty Killah!
2 months 2 days ago

Musovenge ada a Kasambara Rough!

Enjoy your long cold stay at Maula!

Bibo
Guest
Bibo
2 months 2 days ago
To be fair to Kasambara,this case would either end into a mistrial or even acquittal if Malawi practiced jurisprudence.Jurors would have analyzed the case and debated on evidence presented from both sides. I don’t think in such a scenario, judge Mtambo would have disputed the jury’s unanimous decision. I think Mtambo was more driven by political forces than his ethical inclinations. Kasambara is or was an emotional character in the whose case,but evidence presented by the state falls short of proving beyond reasonable doubt, and it would have been very difficult for Mtambo to sway the jury in that regard… Read more »
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