Judge warns lawyer of misinforming court: Risks suspension

A High Court in the capital Lilongwe has ordered a private practice lawyer Richard Kapile to respond until Thursday allegations that he misled the court during an application for bail for his clients or risk suspension from practicing.

Justice Chifundo Kachale: Warns lawyer Kapile

Justice Chifundo Kachale: Warns lawyer Kapile

Court documents in possession of Nyasa Times show that Kapile lied to the court that a file containing information for his clients, Gift and Peter Chanza he was applying for bail was missing.

Kapile is the defence lawyer for the two who are answering charges of money laundering and obtaining by false pretence amounting to K134 million.

High Court Judge Chifundo Kachale denied them bail after he found that the lawyer did not tell the court the truth that a file containing information on the case could not be found.

The judge said by providing false evidence to the court, Kapile’s actions could erode the confidence of the public in the court and rule of law.

Kachale said if granted bail, Kapile’s actions had demonstrated that the Chanza family could interfere with witnesses or conceal or destroy evidence.

The Judge told the court that his officers found the alleged missing two files; Criminal Case No.14 of 2015 and 85 of 2015 as registered on the Senior Resident Magistrate’s court before the case was committed to the high Court.

“The little time and effort it has taken to trace the court file further shows that counsel was not being truthful when he submitted on oath that the file could not be found. In light of these findings, my court is unable to grant bail,” said Kachale.

Kachale also invoked Section 21 (1) of the Legal Education and Legal Practitioners Act against Kapile, which states that the High Court or the Attorney General can make an application ordering the suspension of a lawyer or striking him off the roll if found guilty of improper conduct, misleads the court or “allowed it to be misled in such manner as to cause the court to make an order which he knew or ought to have known to be wrong and improper.”

It was also found that Kapile toned down the role his clients played in the money laundering of the K134 million.

“In the premises my court directs that Mr Richard Kapile has until Thursday 19th March 2015 to show cause why the court should not admonish him for deliberately seeking to misinform the court with the result that it would have then made an improper order as regards his clients bail application,”  reads Kachale’s rulling in part.

In recent years, there has been a general outcry that lawyers are left scot free despite contravening laws.

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Honest Judge
Guest

Pamalawi panachuluka tima crooked lawyers.They think just because they r lawyers then they are untouchable.There is no integrity left in them.Ntchito kuzolowera kuba basi.Bravo Judge kachale for pumping some senses in this unprincipled lawyer making a living for lying.

kapambwe
Guest

The incorruptible Judge. If all were like Kachale, we would have had a better Malawi.

emmans kaunga
Guest

Iyeso amangidwe ndi mbava

ALHAJI SHARIA
Guest

ASAAAAAAA…… I REMEMBER THE NGWAZI, HE TOLD US THAT LAWYERS ARE LIARS AND ACCOUNTANTS ARE THIEVES! IF HE WAS ALIVE TODAY,ALL LAWYERS WOULD HAVE BEEN IN DZALEKA PRISON BECAUSE THEY BEHAVE LIKE HYENAS! VERY HUNGRY FOR MONEY.

big thought
Guest

Kasambara’ nso mumuchite choncho. A Malawi avutika naye pa za ukhuruku zimene wakhala akuchita monga za passport ya Kumwembe ndikutuluka kupita kunja kwa dziko lino Mphwiyo atawomberedwa.

EMBOMBENI
Guest

Good job well done Judge

His Worship Justice One Thousand Years
Guest
His Worship Justice One Thousand Years

Justice Kachale must be commended for the stance he has taken on this lying lawyer.

However, I would also urge him to discipline some wild magistrates we have out here.

I will not mention names for now but I am sure the judicial system is fully aware of the magistrates I am talking about.

KING SOLOmon'S WISDOM
Guest
KING SOLOmon'S WISDOM

ALMOST 95% OF MALAWI LAWYERS ARE GLUTONOUS WHEN THEY SMELL MONEY.MOST OF THEM LIE FOR MONEY

His Worship Justice One Thousand Years
Guest
His Worship Justice One Thousand Years

Most Malawi lawyers and judicial officials alike are corrupted and money hungry.

NYAOPE
Guest

Suspend him, crooked moron!

Achimidzimidzi
Guest

Chifundo Kachale are you a Malawian? You are a man of rare character.

For the first time to hear such direct rebuke of corrupt behaviors of some lawyers. Lies!

Well done, please continue being strict. Ndiye munthu wamalamolo amenoyo.

wpDiscuz

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