Judge Mtambo dismisses Kasambara’s bail restoration application: To spend festive season in prison

High Court judge Micheal Mtambo has dismissed a restoration of bail application by former minister of Justice and Constitutional Affairs Raphael Kasambara, accusing him of abusing the process of the court by seeking same relief in the trial court and the Supreme Court of Appeal at the same time.

Kasambara: Bail restoration application dismisses and will spend festive season at Zomba Prison. -Photo by Mphatso Nkhoma, Nyasa Times

Kasambara: Bail restoration application dismisses and will spend festive season at Zomba Prison. -Photo by Mphatso Nkhoma, Nyasa Times

Supreme Court judge Rezine Mzikamanda had earlier reserved his ruling on the matter after the appellant, through private practice lawyer Modecai Msisha, argued that the High Court erred in revoking the bail.

Kasambara’s bail conditions were revoked by Mtambo on September 23 over what he claimed was an infringement on his private space by allegedly accessing his private information.

“I do not desire to pre-empt the determination of the Supreme Court of Appeal and defer to them to adjudicate on the matter first. Depending on that determination, the applicant will if necessary be at liberty to resuscitate this application before me. It is at that time that the Court will delve into the substantive arguments. I therefore dismiss the application for bail,” said Mtambo in his ruling, a copy which was made available to Nyasa Times by Director of Public Prosecutions (DPP) Mary Kachale after an inquiry on Tuesday.

Kasambara reportedly has a heart problem that needed specialist treatment by a cardiologist in South Africa.

And his family doctor, Lughano Kalongolera, in his affidavit, submitted that Kasambara’s health is deteriorating while in custody at Zomba prison.

But Henry Chibwana, learned special public prosecutor told the court that there has been no change in circumstances in relation to the
interests of justice, the basis of the Court’s revocation of Kasambala’s bail.

He submits that releasing Kasambara on bail does not guarantee that the case will be concluded in a timely manner because the delays in concluding the case were there even when he was on bail as for five months since April 2015.

And Superintendent Moses Chigayo, clinical officer in charge of Zomba Central Prison disputes that the health of Kasambara has deteriorated while at jail.

Chigayo said he has been monitoring Kasambara since his incarceration in the prison and after his discharge from Mwaiwathu Private Hospital where he had received treatment and that he has since 7 December 2015 not had serious medical problems apart from mild diarrhoea which has since subsided.

He told the court that Kasambara is currently in “good health.”

Mtambo therefore threw out Kasambara’s bail restoration. This means Kasambara remains in custody this festive season.

He is facing the charge of conspiracy to commit murder in the case of the shooting of former Ministry of Finance budget director Paul Mphwiyo at the gate of his Area 43 residence in Lilongwe on September 13 2013.

Kasambara, former Malawi Defence Force (MDF) soldier Macdonald Kumwembe and businessperson Pika Manondo were found with a case to answer in the near fatal shooting of Mphwiyo.

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mixon manong'a
Guest

Kasambala ukanakhala wins ukanangovomereza kuti ndine olakwa.muyeso womwe unaas anzako tsopano uli kwa owe.Repeant repeant.

vavlov
Guest

Notwithstanding the fact that Kasambara is a suspect, it appears judge Mtambo is being unfair to Kasambara, who has the right to bail. Selective treatment of suspects is not acceptable in a democratic country like Malawi. Be objective Judge Mtambo, and let the man access proper medical care.

Zangakwithu
Guest

Zawavuta amudala awa, apa nde tiwona ngati money iz above the laws.

Ralph's Cousin
Guest

The sun will shine again only God can judge this Kasambala nde you overzealous Malawians keep throwing the stones; NOT LONG and yes its Mtambo and Mary’s time to shine but I pray you are shining in truth otherwise Mary you have all the facts in front of you just like me and before you go screaming that my writing is threatening your life and you need more body guards, let me bow out. Nyasatimes don’t delete my comment as you always do in the name of ‘moderating’

prince
Guest

this-issue-dontconcern.u.let.justice.prevail

Dennis Bakuli
Guest

Kasambala amatumbwa amazitenga ngati Ali above the law palibe angamutekese lero wanya awolele kundende, this world is like a mirror when u smile it smiles back to u ha ha ha

Mafulufute
Guest

Iwe Chikopa! Kwacha Ghambi was not the owner of Taj Mahal shupiti!

wanya nayo
Guest

a ntambo!!!ziwani kuti nzosiyilana izi….akazaluza anzanuo muzayaluka….kunali achina gwanda chakwamba oziwa ndale not alipowo bt anasiya ndale….ukumunyozayo uzamugwadila pompano pompano ngati suukuziwa….akasambala!!!!!mukamalizana nao anawo pz muzandigaileko ndalamazo cz mmene ndimakuziwilani ine muwina ndinu phadayu and akulipulani ndalama zambili zed

Sajem
Guest
I think are commenting without the background of the case. He was granted bail after arrest in 2013 til Sept 2015 where he abused the bail conditions and bail was revoked by this learned Judge Mtambo based on evidence. In exercising his right to appeal, he appealed to Supreme Court of Malawi against the bail revocation and Justice Nzikamanda reserved the ruling saying the judgement is to be made by 3 Justices. Being busy the Supreme Justices they are, they have not met to decide on this which is working to his disadvantages as he expected them to left everything… Read more »
walesbanda
Guest

Hahahaha

dru mountain
Guest

judge mtambo thank you so much

kuvutika kwa kasambala ine ndi amalawi tonse tikumva kukoma,amazitenga ngati dolo galu ameneyu

what judge mtambo has done is like giving all Malawians a chance to punch kasambala in his face as a way of revenge for all the evils he has done in our society

what is entertaining me most is that there is no enough justification for denying him bail but judge mtambo is still refusing to give him bail

hahahahaha

it can’t get any sweeter than this!

wpDiscuz

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