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.
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.Follow and Subscribe Nyasa TV :