Doctor change tune on Kasambara: Judge Mtambo adjourns to Nov 5

The Lilongwe High Court has adjourned the case involving former minister of Justice and a constitutional affair Raphael Kasambara, who is third accused suspect in the case of the shooting of former Ministry of Finance budget director Paul Mphwiyo, to November 5 and has ordered Kasambara to be present in the dock on the said date.

Kasambara (L) with his lawyer Emmanuel Theu

Kasambara (L) with his lawyer Emmanuel Theu

Judge Michael Mtambo adjourned the case after the court received a new medical report from Blantyre Adventist hospital on Kasambara currently admitted at the hospital due to heart problems.

This was after the court ordered the hospital to issue a comprehensive medical report for Kasambara after the state disputed the earlier medical report which was demanding 21 days for the former justice minister K to be fully fit to stand the trial which was from his family doctor Luano Kalongolera

On Wednesday, Blantyre Adventist hospital furnished the court with comprehensive medical report signed by Dr David Saunders which says that Kasambara needs about 8 to 10 days for clinical stability a change from an earlier report which said he will need three days.

Director of Public Prosecutions (DPP) Mary Kachale told the court that they would like to get independent medical expert to assess and establish the extent of Kasambara’s medical condition before they support the idea of adjourning the case to a later date

She said they appreciate the report from Dr Saunders but they are not satisfied as his report came day after the same doctor in his reference letter indicated only three days.

No drama was left out as defence lawyer  Emanuel Theu and state top prosecutor Mary Kachale took turns on the issue of the medical doctors and on which report should the judge attach weight to.

While Theu stood film asking the court to take Dr Lughano Kalongolera report that recommends 21 days from the day of his discharge.

Said Theu: “My point which the court is not getting is that Saunders is not a cardiologist, he was only writing Kasambara’s medical report because he [Kasambara] developed pneumonia which was clinically induced since he had been in the ICU [Intensive Care Unit] two times. He was the one treating Kasambara, but for his heart problem, we needed Priester to make proper assessments and he was not available at that time.”

Kachale ,who kept nodding her head as Theu was making his presentation, wondered why the defence wants to question a doctor who was taking care of their client [Kasambara] and discredited Kalongolera’s findings.

“My lord as state we would like to have an independent doctor who we want to examine Mr Kasambara and give us the detailed report for us to believe that indeed he need much time for him to have his health stabilise, this court can’t make the ruling based on the two reports as this doctor yesterday said he need 3 days and today he is saying 8 to 10 days while the other one Dr Kalongolera who is said to be family doctor he said he need 21 days, now we feel it’s better for us to have an independent doctor to examine Mr Kasambara.

“But in the absence of that we can only accept the Blantyre Adventist hospital report as they are the one who have been with him from September 25 up to date and they know his latest medical condition ,” said Kachale .

Theu responded swiftly asking the court to make its ruling based on Kasambara’s family doctor who he said is the one who know the health bill of Kasambara better than anyone

“Much as we appreciate the report from Dr Saunders, my Lord, it is my prayer asking this court to make its ruling g based on an earlier report from his family doctor. This is the only doctor who knows and understand the health of Mr Kasambara better than anyone as he has the background of his health and we can’t risk by taking the report of someone who only has been with that person in less than a month,” Theu told the court.

Mtambo then ruled that court will decide on Kasambara’s status on October 26 and also on the application by the State to have former Malawi Defence Force (MDF) soldier Macdonald Kumwembe’s bail revoked.

Kasambara was found with a case to answer in the conspiracy to commit murder while Kumwembe was charged with attempted murder in the case about the shooting of former Ministry of Finance budget director Paul Mphwiyo at the gate of his Area 43 house in Lilongwe on September 13 2013.

Kumwembe was recently thrown back in jail for contempt of court.

Mtambo adjourned the case to November 5.

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Njou
Guest
A patients condition keeps changing. Today he will be fine the next day seriously ill. Now she will be chatting with relations the next hour she is no more. I am sure you judges you are aware of this. Now, it surprises me to hear Kachale saying the doctor changed statements. You doubt the doctor who is by Kasambaras bedside monitoring him? He is stating his condition as at that time. The condition might improve or worsen. Do not act like a witch, be empathetic. People have committed worse crimes-think of Chasowa, Mpinganjira and the Mzuzu martyrs. Kasambara is not… Read more »
Bambala
Guest

He he he!!! The one who loughs last,indeed loughs louder. Game on.

Nankununkha sadzimva
Guest

Where is Mphwiyo, the epicenter of PP brand of cashgate? Munkafuna kuphana pokanganirana ndalama zakuba m’boma.

Mwethu
Guest

Kasambara will go down with a lot of people if those who follow hom don’t watch out. The docs reputations are in tatters here coz its obvious that they are being told what to do. How can a doc who initially said RK will be fit in 3 days suddenly change to 8 – 10 days? People should know that in trying to help criminals they become accomplices themselves.

Davie
Guest

muthu anaululawalakwans mwayambanso mabozao

James kotoki
Guest

Fighting kasambala and chitsiru Chinachi.chikumapanga.charter ndenge for $500 000 and you can see it but you are just smiling.idiots

Kenkkk
Guest
Stupid childish arguments. Does the number of days really matter? You can have as little or as many days off. Does it guarantee that you will be healed or be fit by the end of those days? Why can’t the court wait for the 21 days and see what happens? Some of you think Ralph is faking illness but he could be really seriously ill. For how long is he going to fake his illness without losing credibility? Judge Mtambo you have now lost my trust and I think you should recluse yourself from this case and let someone take… Read more »
MSANA WA PETURO
Guest

Kwatsala Ibu Ng’weng’weng’we. Nanunso a Mtambo you have very few days to live for taking personal hatred to court and for accepting to be used by the headless idiot and other politicians like evil-looking and ugly Chaponda. Mxiii.

Mirella K
Guest

If its Kasambara then judges and public prosecutors are pawns! Aaaaa shatapu zanu aMalawi ena amamangidwawa!!!

DOBO
Guest

In this case,,who can determine the independent choice of a independent doctor? A doctor is a professional just like a judge. So, if the professional independence of a Doctor cannot be trusted the professional independence of a judge is likely not to be trusted.

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