DPP Kachale wants Judge Mwaungulu out of Kasambara bail bid

Bail application hearing for convicted former Attorney General (AG) and Minister of Justice and Constitutional Affairs, Raphael Kasambara failed to commence on Monday after the Director of Public Prosecution (DPP) Mary Kachale accused Supreme Court of Appeal Judge, Justice Dunstain Mwaungulu of biasness.

Justice Mwaungulu: State wants him to recuse himself

Kasambara currently serving a 13-year sentence at Zomba Central Prison for conspiring to murder former budget director Paul Mphwiyo together with Macdonald Kumwembe and Pika Manondo is challenging his prison term. It’s now eight months now since he was incarcerated.

Through his hired lawyers Modeccai Msiska, Senior Counsel (SC), and Wanangwa Hara, Kasambara is arguing among other points that he is unlikely to abscond bail as he is a Malawian citizen with assets in the country and that he has a right to bail pending appeal subject only to interest of justice, claiming that prior authorities connecting bail pending exceptional circumstances are erroneous.

But the hearing scheduled for Supreme Court of Appeal in Blantyre failed to commence when the the top prosecutor argued the State were not given enough time to prepare their arguments aside from questioning the presiding judge, Justice Mwaungulu’s impartiality.

Kachale demanded the judge to recuse himself, arguing that he is prone to be biased in his verdict.

Her surprising accusations followed a grilling by the judge on her lack of preparedness despite holding a high public office.

Justice Mwaungulu said was baffled with Kachale’s lack of preparedness after she apologised to the court for being unprepared and incoherent, claiming she was served with Kasambara’s skeleton arguments two days prior to the hearing instead of the required seven days.

Meanwhile, Judge Mwaungulu has since adjourned the case to Wednesday next week (April 12th) when he will announce on whether he will continue presiding over the case in the wake of Kachale’s accusations.

Mwaungulu adjourned the case to also to give the State more time to prepare and fill counter arguments.

Judiciary spokesman Mlenga Mvula has bemoaned Kachale’s accusations, saying such sentiments underrate the integrity and independence of the country’s judicial system.

In affidavits in support of the bail application, Kasambara argues that he has a permanent residence  and strong ties  within the jurisdiction of the court, that when granted bail previously, they did not evade trial and complied with all relevant conditions.

“They have no contemporary legal support. Both the Constitution and the Supreme Court of Appeal Act [the SCA] frown upon these authorities,” reads his affidavit.

Among the arguments are that prior to his conviction, Kasambara was practicing law (SC) and running a business.

During the mitigation before sentencing at High Court, Msiska further stated that the court needed to reflect on the services Kasambara had rendered to the nation both as a private-practice lawyer as well as minister and Attorney General (AG) before the commission of the crime.

Mphwiyo’s shooting outside the gate of his Area 43 residence in Lilongwe on the night of September 13 2013 is widely believed to have led to revelations of the plunder of public resources at Capitol Hill.

Former president Joyce Banda ordered an audit undertaken by British forensic audit firm, RSM (formley Baker Tilly), covering the period between April and September 2013. The audit established that about K24 billion ($32.9 million) was siphoned from public coffers through dubious payments, inflated invoices and goods or services never rendered.

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33 thoughts on “DPP Kachale wants Judge Mwaungulu out of Kasambara bail bid”

  1. We all know Mary Kachale hates Ralph Kasambara, i can assure every enemy of Ralph kasambara that, weather you like it or not, Ralph Kasambara will be out because He is innocent, and judge Mwangulu will not rescue himself, even Michael mtambo refused to resue himself during the kasambara case. chawonazako chapita mawa chilikwa iwe. ralph kasambara, pika manondo and mcdonald kumwembwe will be out, a mary kachale mwachepa nazo, ralph kasambara ndi chikulile amuna. munthu wankulu wathu, ralph kasambara sc. mary kachale mwachepa nazo

  2. Keen Observer says:

    I don’t understand why now Kachala thinks that the Judge can sway the the judgement yet Kasambar a had the same request against Judge Mtembo if my memory serves me well but it was not entertained. So as it stands a judge is a judge there is no need for Mwaungulu to refuse himself.

  3. KARONGA INFO says:

    It is a shameful for a well learned lawyer to live as a mafia. Let him learn a lesson.

  4. Nyau Thing says:

    Kasambara is serving his sentence upon conviction! So why should he be given bail?
    Apapa zikungowonekeratu kuti atumbuka nonse mumangobakirana zili zonse! Ndinu anthu oipa mitima kwambiri.
    Let him just appeal his conviction or sentencing uku akugwira ukaidi! Mxiiiew!

  5. NZOZODO says:

    Raphael KASAMBARA…then minister of Justice, Constituti onal Affairs and Attorney General……dzimaudindo pwipwipwi mboma la JB. a Kasambara adamera mapiko.Stone heart, pompous Kasambara…. its his turn to face the music.Sanayambe ndende ndiye.Justice must prevail.Pasapezeke wina ali ndi maganizo kuti apinde nkhani ya Kasambara.Chenjezo kwa Judge Mwaungulu…mpando mwakhalilawo panali azanu and you must exercise highest integrity and unquestionable moral conduct.

  6. tk says:

    Learnes lawyer with such a high position of DPP should be in a better position that questioning the integrity if a judge puts the whole justice system at disrepute. I dont think Mwaungulu could stoop so low to he partial in handling this case. i can see that the DPP is fully aware that she has weak arguments and that the case will fall in favour of Kasambala and now she is trying to tarnish the image of the highly qualified judge. This is too bad madam. You worked so hard for Judge Mtambo not to rescuse himseld from the case when you fully knew that he will rule in favour of you. Please let justice prevail. if you were a clever person, you woyld have kust analysed comments that were made on social media by your fellow lawyers and see the direction of the case. im sure most lawyers indicates that you had a weak case. Just accept that this case is not of your level and stop spendinf governmenr money on it. We are being paid salary for unproductivie work. Please go and concentrate on real issues, study Chaponda file and work with ACB on the next course of action.

    1. Keen Observer says:

      Genius you. I salute you well articulated.

  7. mtete says:

    These acronyms are misleading: Democratic Progressive Party (DPP); Director of Public Prosecution (DPP); Director of Public Procurement (DPP). We have DPP nightmares

  8. Judge Kachale is absolutely right ! I have followed Justice Mwaungulu ruling.Of late the Chaponda maize deal from Mz court.What happened ? Justice Mwaungulu surprised many Malawians in his pronnouncements.A biased judge knows no justice.He must recuse himself in Kasambara appeal case.

  9. Che nsomba says:

    And the recent case was about Dr. Chaponda which Justice Chirwa had ruled on at the High Court. So suddently Dr. Chaponda comes from the North??? Let us give fairness where it belongs. Justice Mwaungulu ruled in favour of Dr. Chaponda not so?

    1. Noniwa says:

      You must missed the points in mwaungulu’s ruling. He made everything clear. Ask your lawyer friends if you have one. Mwaungulu demostrated the understanding of law. .

  10. Che nsomba says:

    Is the DPP and all those against Justice Mwaungulu really saying that suddenly the Judge has become bias just because he comes from the North. I thought Mwaungulu yomweyo ruled fairly in a recent case? Let us not be personal. One should not be seen as unjust because someone from their region is before them. Through and through I have seen other judges also give fairness to people from their regions either Centre or South. Let us learn to love ourselves a Malawi.

  11. State Counsel says:

    Any impression of bias is ground for recusal. There is nothing wrong in Mary Kachale conduct. The judge should recuse himself if he appears to be bias. I see no personal fight between Kachale and Kasambara. Further, Kasambara is a disgrace to the good repute of the legal profession. He must be struck off from the roll. Don’t forget he is a murderer, an extortionist, a judge shopper and very crooked. The society does not need people like him. Afinyidwe basi

  12. Chis Wa Boom Boo says:

    SHAAAA

  13. Sympathiser says:

    Kodi how can a convict currently serving a sentence be granted bail? I thought bail is only reserved for those who haven’t had judgment pronounced against them? I feel he should continue to serve his current sentence until his appeal is concluded.

  14. Philip Chiwalo says:

    people should not forget that the Director of Public Prosecution Mary Kachale was all over when others asked some judge to recuse himself. Now what’s changed? Is she feeling the pain now ? Is she engaging herself in what she said was judge shopping tactic?
    As they say nkhonya yobwezera imawawa.

  15. Tadala says:

    People commenting out of emotions. The procedure says skeleton arguments should be submitted 7 days prior to the date of hearing and here were submitted in 2 days, why? It is the Kasambara team that delayed and it happens in any court proceedings to ask for adjournment in such circumstances. The way the judge took the matter was questionable hence anyone can doubt his impartiality. The same way Karambala noted impartiality in the lower court because of the way the judge was conducting himself is also the same way the DPP has noted in this judge because of the way he expressed himself. People are talking of 8 months but preparing for court appearance goes together with the skeleton arguments as these forms the basis of how the case will proceed in court and if they were delayed then they are the ones causing the delay.

  16. Philip Chiwalo says:

    Mary Kachale being used by politicians again. In all this, her reputation as well as her competency is being questioned. How can a learned advocate like her not see that she’s only being used to fight endless battles in court which in all fairness, government cannot win. The trial was cooked right from day one. The judgement was flawed, that’s why Mary did not celebrate.
    How can Mary question why the convicted persons are appealing and applying for bail pending hearing of the appeal case? Don’t you know madam DPP that it’s one’s entitlement to seek redress at the supreme court of appeal if not satisfied with the lower court’s ruling? Mary, jack up, you are showing us how daft you are!

  17. nabia says:

    Kodi Kachale ukufuna Kasambala afe?Mudzamutayire maliro pakhomo pake mzimayiyu.Udzaona mbwadza dikira its a matter of time.Uzingopemphera kuti asafere ku ndende,udzayika maliro

  18. Chutandila says:

    Kachale is now proving to be stupid. We do not want people to languish in prisons due to delay tactics out of settling personal vendetta but justice. This now explains why the file for this case is also taking too long to go to appeal court for appeal case to commence. It starts to signal that somebody somewhere is taking this case personal. We can not afford to take that direction as a nation. If there are personal issues with accused persons, spare them from the court process because that is where justice is expected to be guaranteed. Kasambara might be at the wrong side but let the court process to take its due course, and not behaving like this country belongs to your bedroom. I wonder why some Malawians behave differently when they are in good positions. They suddenly begin to regard themselves as semi-gods and start thinking that they can take the nation for granted.

  19. Economic Advisor says:

    This Kasambara man has always been a mafia. He has committed a lot of atrocities to innocent people in his pursuit for riches, fame and women. We knew his end was nigh. He failed to manage his successes and thought he was mini god. He cashgated, grabbed other people’s women, injured innocent people and became pompous. Today he looks upon the same God whose words he despised for rescure. His other associate, Ali Kaka the thug, murdered a person in broad daylight and is at large. He associated with these thugs because he was a thug himself. He was a discipline of Kwacha Ghambi. Let him rot there.

  20. Chibade says:

    I find the accusations by the DPP rather stupid. People, why did the learned DPP Kachale not protest the handling of the Kasambara case by Justice Dr. Mtambo when it was well known that the High Court Judge had a personal vendetta against Ralph Kasambara?

    I don’t support and condone shady activities involving Ralph Kasambara but I wished justice could prevail. free and fair. The DPP is therefore out of order in accusing Supreme Court Judge Mwaungulu of biasness.

  21. Timve Ziti says:

    Mai DPP. Mukanangolola bail. Bail sikutanthauza kutha kwa nkhani. Zinazo mukanena ku appeal.

  22. Andrew says:

    Kachale’s fears are not founded at all. Over the past 8 months what has she been doing? Kasambara mentioned that he will appeal. Political intonations in the case.

  23. ifeyo says:

    its now personal

  24. gomanyundo says:

    failing to prepair is preparing to fail..this just shows that the government has fail…anyway welcome home kasambala

  25. Landlord says:

    kachale ukuopa chani I think wachepa nazo izi muyaluka chaka chino….what we want is justice…

  26. Amalawi akuvutika chifukwa cha cashgate. Amadziwa chomwe amachita mmene ankaba. Lero asamvetse chisoni. No bail, Must be punished.

  27. Mwaungulu-Kasambara eeee awa ndi anganya okhookha. One from Karonga and the other one from Nkhata Bay. Pala palije chilungamo. In English, there is a saying: Blood is thicker than water – we tend to favour our relations first as what is happening with the case between Chaponda and the state.

    Mwaungulu must step aside to enable fair justice to take its course in this case.

  28. lesley says:

    Mtayeni Kasambara yu. Sadzayambiranso. Walangidwa kokwanira. Even if he has a stone heart, 8 months is enough to make someone repent.

  29. nul says:

    Akuwonapo apachitika chinyego mayiwa.

  30. Nyamakumutu says:

    Why should you use the court to punish Kasambala on your personal Aganda. Apa mwayamba kale kunjenjemera knowing that Justice Mwawungulu has always been partial and not in the book of receiving kickbacks from government. We are watching this is the world madam. Mawa ndinu.

  31. Chaponda says:

    THERE IS personal fight between KASAMBALA and Kachale.KACHALE BOMA LILIBE mwini lero ndiwe mawa azankhala mwana wa house girl wako.U note this.The court is never personal whip.

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