Kasambala accuses Judge Mtambo of bias: Wants him out of his case
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 is accusing the presiding High Court Judge Michael Mtambo of bias.
Kasambara is also accusing Mtambo of “playing the role of prosecution advocate” in the case and wants the judge out of the case.
He accused Mtamb 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 Cashage 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 awarrant of arrest for him.
In her response, Director of Public Prosecutions (DPP) Mary Kachale objected to the application which she described as “unreasonable and in bad faith.”
Meanwhile, the court has granted the defence an application to get transcripts of the court reporter on evidence from Mphwiyo, the investigator and three Airtel witnesses.
The court is expected to hear oral submissions on the application for recusal June 3. The ruling is expected on June 5.
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.
RALPH WAKUMANA NAWO ANZAKO
UMAYENDA MMBALI !
State has already misdirected the judge on airtel issues. Pika spoke to ralph at night that day and the judge says that is main evidence of conspirancy???? Really? Did pika speak to ralph only that night? What if callog of will show he spoke to several other people including Dauka and Lutepo what will the judge say? State should have brought comprehensive cal log of pika and indeed all accused person and see how many people they spoke to too.
Go kasambala go
Mwana mlalala..
Ralph is defending his constitution right. He has the right to remove a judge if you do not know. I did it and I am not a lawyer. Why not him? Ralph awinatu milanduyi. You know why, delay tactics and it has taken too long.
I haven’t known Kasambala, can somebody describe him.include things like selfish, crook, patriotic,rich, kind, mafia, etc. Pls I want to understand him better for just a fun.
Tiye nazo Ralph!!!!!
KAMBARA**
smart lawyers look for loop holes in cases. It can be a technicality issue or what ever that the defense needs to get the case dismissed. Kasambara is not a novice he knows what he is doing.
When has Mr. Kasambara realized that the judge is biased……this case started along time ago…….smelling something here.