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.

Kambara: Wants Judge Mtambo out

Kambara: Wants Judge Mtambo out

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.

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29 thoughts on “Kasambala accuses Judge Mtambo of bias: Wants him out of his case”

  1. MABUMBU says:

    RALPH WAKUMANA NAWO ANZAKO

    UMAYENDA MMBALI !

  2. anonymous supreme court judge says:

    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.

  3. Chee bayisikolo says:

    Go kasambala go

  4. Banet says:

    Mwana mlalala..

  5. NGALU NDI GALU says:

    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.

  6. hango says:

    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.

  7. Mzang'unya says:

    Tiye nazo Ralph!!!!!

  8. Gada says:

    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.

  9. guarantor says:

    When has Mr. Kasambara realized that the judge is biased……this case started along time ago…….smelling something here.

  10. good says:

    let him give the judgment aaah! iwe lafael usatitopetse.

  11. chikoya says:

    Kodi akufuna kuti judge akhale iyeyo mwini kapena? or else akuopa judge Dr. mtambo poti ndi katswiri ndipo kasambala akutha kudziona ali mndende. usova, no judge shopping.

  12. Chikopa says:

    Mwana wakana phala. Ng’ombe zayang’ana ku Dazi bomu. Anzake akonze malo ku Jele pofikira.

  13. Paddyman says:

    All Lawyers are lias kkkkkkkk

  14. nzanani phumisah says:

    Ife chibwana chimenecho ai. Akumange wakuba iwe swyne!

  15. Paddyman says:

    Ameneneyo ndiye Raph muziona

  16. chaiwone wawo says:

    All the excuses Kasambara is giving is just testimony to his guilt. He doubts he will walk to freedom so he is just finding excuses to delay and distort justice.

  17. wamkulu says:

    Up to no good indeed. Remember he tried to dodge the initial arrest by saying “my name is not Ralph Kasambara but Raphael Kasambara so you are arresting a wrong person, go back”. Eeeeeeeh!!?

  18. mamwene says:

    Acuse the parson who did wrong and no apology.

  19. Urunji says:

    Kaya tiziona

  20. masembero says:

    Kasambarayutu muvina naye sakufuna kugonja wamba iyayi

  21. Faza says:

    Y all this delay ! God is the best judge ukhoza kupulumuka ku milandu ikuluikulu kamakumangitsa ndi kakang’ono, ngati kwalembedwa kut ukavala foya ukavala basi kaya utapita kwa a sing’anga otani, kaya uyisoza kasambala

  22. Jelbin mk says:

    I meant don’t take kasambara seriously coz up to no good.

  23. Iyayi pannopa malawi tayamba kutsata chilichonse tiku khaulitsai

  24. Jelbin mk says:

    That is what the mcp law maker was referring to as judge shopping so didn’t take kasambara serious because really he is up to no good.

  25. ngung'unde nsaku says:

    Kasambara is guilty….please lock him up….

  26. twttete says:

    there we see a dangerous thief. Thief who is also a lawyer. Being a lawyer in Malawi is bad enough but also a cashgater… Thats just something else.

  27. Oyamika says:

    Mwamva madzi ada Kasambara Rafayelu. Mumaona ngati muzingobisalabe kuchipande? Why do you hate all objective judges? Chombo munamanamizila nkhai ya ku church, Kachale, munananama kuti Mkazi wake ndi amene akupanga handle criminal case yanu, wina ndi uyu poti wakupezani ndi case to answer mukutinso walakwanso? Pelekani defence basi, mumazitamilira kuziyimilira nokha mumaziona ngati chani? heee!! its time to dance to the tune muyiona bangwe.

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