Judge Mtambo refuses to recuse himself, rejects Kasambara ‘bias’ claims

High Court Judge Michael Mtambo has rejected a request by former Malawi Minister of Justice and Constitutional Affairs Ralph Kasambara, one of the suspects in the shooting of former Ministry of Finance budget director Paul Mphwiyo, to recuse himself from the case.

High Court Judge Michael Mtambo

High Court Judge Michael Mtambo

Judge Mtambo said he has no reason to recuse himself placing confidence in his ability to remain impartial.

The judge said he did not find reasonable grounds on which to base the perception by Kasambara that he will be bias.

Kasambara accused Mtambo of “playing the role of prosecution advocate” in the case and wants him to disqualify himself from the case.

He accused Mtambo for introducing “extraneous judicial information” such as Cashgate and predetermining the guilt of the accused persons without evidence during his ruling on whether the accused had a case to answer.

Kasambara also wondered where the judge got evidence that there was ‘Cashgate’ between the two when Mphwiyo, in his testimony, had denied any involvement in Cashgate and that his role as budget director did not put him directly responsible for making payments.

He also faulted the judge for putting in his ruling that his friend and co accused, Pika Manondo ran away from Malawi soon after Mphwiyo was shot while there was no evidence that there was a warrant of arrest for him

But Mtambo said allegations are specious and fallacious.

This is the second case in which Kasambara has asked a judge to recuse himself.  He also asked Justice Chifundo Kachale to recuse himself because his wife is a chief prosecutor.

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Mandionekedwe
Guest

there is a point on what Ralph has raised. This was a ruling on case or no to answer on. The Judge derailed himself when he mentioned issues of Cash gate as if it was a point for determination. How could he put it as finding of fact when the prosecution witnesses denied it? The case is not there to substantiate cashgate.

wangawanga
Guest

Much as my concious tells me kasambara is not clean, but this judge is not clever enough, he pre-empts the conclusions behind his mind before time and without evidence. Ngati mukane kuusiya mlanduu kasambara mwamutaya apa. He will apply for an appleal to be head by panel of judges…and no any reasonable judge will accept this mistaken done by this old judge…infact the DPP Judge. i therefore recommend judge mtambo to rescue himself if we are to arrest kasambara

Limbika
Guest

Nyasatimes reporters and editors, I wonder if you are really reporters because the reporters and editors are supposed to know the people they are daling withand in this case Judges. Just look at the picture you have posted and indicated at Judge Micheal Mtambo, is it not Hon. Grace Obama the minister you have posted there?
When did Grace Obama became Judge Micheal Mtambo or even the wife or any other relation to Mtambo… Shame.

bob
Guest

Congratulations Judge Isaac mtambo for standing your ground. Kasambara is lives in a world of fantasy apparently believing he is the best lawyer in Malawi because of the grades he may have obtained in the University. What he forgets is that it also depends on the generosity and competence of the Examiner who gave him those lavish grades because the same work he produced before another examiner he may not have got those grades. Stop giving the wrong impression Kasambara

Zondiwe
Guest

Based on evidence in court, Dr Mtambo will either acquit or convict Hon Ralph Kasambara.
Let Justice Mtambo do his work without hindrance.
The cases being handled in court are very difficult as Kasambara is well known in the Malawi legal circles. All the Judges are well known to him. Some were his seniors at College, and he was their Minister of Justice.
Judges are however trained to base their judgements on evidence and facts presented in Court.

Ethurama
Guest

Kasambara is a smart well educated but dirty mafia,a mafia in anything & too clever to beat the Law.Mr Mtambo dont be shaken,you’re a proffessional & pretty know the same Law.Let no single force twist your head for you represent the Nation on a clean linen/plate.Make sure you Pin down this small headed pomposy draculla who wants to make history out of his nasty manouvers & connections in the name of Educationist, Constitution & Law Wizard.Malawi belongs to the majority.

nganga
Guest

Judge mtambo do not recuse yourself in this case corner this Ralph to Zomba prison he thinks he is more learned Tonga boy in the land

Jihad John
Guest

Pika was retired at Parliament when he was 35 because of crookedness. Ask Matrida Katopola. Where have you heard a person retiring at 35? Was he playing football there? He engaged Ralph Kasambara for compensation and they did it through short cuts. Ralph is well known for judge shopping and this time around he has met a tough judge. Wait and see.

Mphangela
Guest

Bravo justice mtambo,paja kasambala amawona ngati odziwa malamulo kwambili alipo yekha ,tiye nazo dzipulumutse nthawi yakwana.

ALHAJI SHARIA
Guest

ASAAAAAAA….BWANA KASAMBALA, TSOPANO MUKUFUNA JUDGE UTI? A MANYUNGWA ANAPITA…..PEPANI.KIKIKKKKK

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