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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24 thoughts on “Judge Mtambo made an error in law: Kasambara claims its victory for vendetta not justice”

  1. mimi says:

    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

  2. prof. Odiyayo says:

    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 calls as the basis of his argument. We need to be told the main basis on which is ruling was based. Otherwise, this is a new development in the world legal studies and practice.

  3. VYOTO says:

    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? In todays newspaper i read that call logs evidence was relied upon because there were 14 sms exchanges between Kasambara and the two but one wonders …how many people including some worst enemies of Paul Mphwiyo exchanged phone calls and sms after the shooting? and how many of those were close to the scene of the attempted murder?How many calls did the wife of Paul,guard make prior to the shooting?

    I never heard that the content in the call logs or sms pointed to the conspiracy and attempted to murder which is the subject of this case.I might have missed some information as well, did Mphwiyo at some point provide evidence that prior to the shooting these guys showed that they had issues with him?On the issue of Kasambara representing himself, the advantage was that his emotional and standing in society obviously weakend Madam Kachale,however, the disadvantage was that his emotional approach affected the judge obectivity.Many of us used to respect judges that they are indeed learned but going by Judge Mtambo analysis of the facts presented to him.he has displayed his lack of a deeper analytical mind.Sianyamata ama supplementary exams pa Chanco amenewa?

  4. bonya mthaka says:

    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

  5. Tadala Themba says:

    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?

    1. zoona says:

      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.

  6. wawa says:

    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

  7. The Analyst says:

    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 about whatever he is talking about? Trying to buy public sympathy? Mhhhh.
    . . . Its wise to “Never tell your problems to anyone; 20% of the people dont care, and the other 80% are glad you have the problems.” – Lou Holtz
    …………………………………………………………………………
    What Ralph could do (since prison life is hard) is shut his mouth up; and save the remaining energy, anger or logic; for the appeal process.
    . . . Otherwise, the more he speaks, the more likely he will provoke more anger in Mtambo coz as said already, the CV issue and arrogant facebook posts (by Kasambara), may have played a part in this judgement. Izi zikugwirizana coz technically, it wont be another judge presiding over this case at the supreme court; but the same Mtambo wearing another judge’s face.
    O………………………………………………………………………………………………………………………………………………………………………………………………………………………….O

    1. old lady says:

      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!

      1. The Analyst says:

        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

  8. Phil Kaputa Harawa says:

    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.

    1. Kkkkkk says:

      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

  9. Bounty Killah! says:

    Musovenge ada a Kasambara Rough!

    Enjoy your long cold stay at Maula!

  10. Bibo says:

    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 .

    The judge talked about call logs and Mphwiyo’s recognition of the culprits but eye witness is very hard to be perfect especially in darkness and call logs did not place Kasambara in the act; so how was this proving beyond reasonable doubt? Jury trial I believe is 75% perfect and Malawi needs it.

  11. mwana mulopwana says:

    Kasambala and his two friends will win the appeal case,i have not done law but I have weak points already in the judgement, the state failed to validate the evidence and the defence was very smart, the DPP failed to prove that kumwembe was in the country and failed also to prove that he did not cross the boarder,in the whole judgment Raph kasambara name was not mentioned and Mphwiyo did not even mention that he saw Manondo on the shooting spot,
    This judge will make a fool of himself because he was biased

    1. old lady says:

      Why is everyone interested in Ralph not the other 2? Sending Ralph to jail will not change anything in your life you haters.

    2. NSHIMWANSA says:

      NSHIMWANSA
      I totally agree with mwana mulopwana’s views. Mtambo is not and has never been a good judge. He was only a good law lecturer at Polytechnic more than a decade ago.

  12. International Observer says:

    The problem Ada Kasambara had was lack of experience in the manner court cases are handled. Scenes in court are totally different from what one will portray in a classroom setting. All along he thought because he could confidently stand in front of students and teach them what others had put in writing that that was all there is when it comes to legal matters, he was making a grave miscalculation; no wonder he chose to defend himself. Rafael could be given a lenient sentence but unfortunately there is no remorse left in him. No matter what ever legal jargon he may bring by shouting in public, all he must know is that he has been convicted and judgement is the following process. If he knew the procedures he should have been talking of an appeal after receiving the sentence. La forty lakwana basi and reverse gear palibe Ada Kasambara.

    1. spectator says:

      Nanga ife omvera titani poti Judge Mtambo made his judgement, Whether Kasambala did or not only God knows, but Mtambo has made his judgement, to him it is his best judgement and he is very very happy about it. The only solution to Kasambala and his relatives is to pray to God day and night and accept this painful situation as the will of God the creator of heaven and earth. Gati Kasambala unalakwisapo vomereza ndi kupepesa kwa Mulungu tate wa Ambuye wathu Jesus Christ. Ukatero iwe ndi iye zonse zikhala bwino. Koma ngati akukunamizira yamika kwa Mulungu yemweyo pakuti iye akuona zonse. Do not wally about Mtambo, just concentrate on your God by thanking him for this to happen to you. Remember kukhululukira adani ako; ndipo muzabwino ndi muzoipa yamikani Mulungu chifukwa Iyeyo salakwisa. God Bless Mtambo, God Bless Kasambala.

  13. Maunisi says:

    Set a date now for sentence don’t play a father-mother game here. We want to appeal this case.

  14. Deal Boo says:

    Mkazi wa Kasambarayu ali boo. Asadandaule, azimuna ena tilipo kunja kuno. No problem. Tidzamupereka kwa mwini wake akadzatuluka ku ndendeko.

  15. Achimidzimidzi says:

    ‘This was a miscarriage of justice!,’ he screamed. Next time he will scream that “It is an abortion of justice”

    Am not sure whether he was answering a question from the media or shouting at the judge. But most likely it was that normal cursing people do when they are shocked. It is a mere outlet like yawning.

    Anyway am not interested to see how people are convicted and punished, my concern is still to understand the integrity of government employees who stole my taxes for their personal use. I hear civil servants were going to the lake and RSA to drink beers or do shopping while I was grinding in dire poverty and lack. This breaks my heart……..

    Am actually waiting to see if Mphwiyo is innocent in this whole scandal.

  16. katakwe says:

    But then WHY is kasambava’s wife being consoled by the same person, the DPP , who made sure that the husband gets convicted? and is reportedly happy about the conviction? Does anyone else see sense in this?

  17. kkilembe says:

    Shame that he was banking that the call logs would be dismissed. This man made a fool of himself representing himself. The call logs in the MRA case were a different issue. The call logs in this case were just before and after Mphwiyo was shot – the trio communicating. And they lied in court thinking they were too clever for the Judge.

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