Kasambara appears in court: Judge Mtambo refuses to opt out of case

Lilongwe High Court judge Micheal Mtambo has dismissed an application from accused Macdonald Kumwembe, to recuse himself from the conspiracy to commit murder 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 'not fit and well' comes out of court. -Photo by Mphatso Nkhoma, Nyasa Times

Kasambara ‘not fit and well’ comes out of court. -Photo by Mphatso Nkhoma, Nyasa Times

Kasambara coming out of Lilongwe High Court on Thursday to to board police car PS 043 registration number off to prison on remand.-Photo by Mphatso Nkhoma, Nyasa Times

Kasambara coming out of Lilongwe High Court on Thursday to to board police car PS 043 registration number off to prison on remand.-Photo by Mphatso Nkhoma, Nyasa Times

Kumwembe – a former Malawi Defence Force soldier who is the main suspect believe to have shoot Mphwiyo on the night of 13th September, 2013 – applied to the court  for the recusal of Justice Mtambo, as he claimed the judge is not competent to handle the case accusing him of harbouring personal grudges with the accused.

Dressed in white shirt and black trouser, Kumwembe told the court that the case which has attracted the attention of Malawians and international community, is of high profile and that it needs a judge who will be deemed unbiased to either side .

He said Mtambo already told the court in the past that the suspects were after his life and that his life was in danger because of them and then he revoked their bail, saying it will be unfair for the same judge to make a fair ruling on their case.

“This case is high profile and is well followed by Malawians and even the international community. There is need for justice to be done and to be seen to be done. With Judge Mtambo presiding the case, we have doubts that he will be impartial as he already formed an opinion that we are threats to his life,” said Kumwembe.

Director of Public Prosecutions (DPP) Mary Kachale objected to the application saying the application must be thrown out as it’s not new since the issue of judge recusal has been dealt with previously.

Kachale said the accused are only “trying to buy time” and drag the case as this is the third application on the same from the accused.

She argued the judge is competent enough to proceed hearing the case as he has always been objective throughout the proceedings.

Kachali told the court that any reasonable person can’t think that the judge is or will be biased as he has always be independent.

She also warned the court through the judge that they must not tolerate issues of judge recusal unless the applicant has proved beyond expectations as this can be used as way of “judge shopping.”

In his ruling justice Mtambo dismissed Kumwembe’s application, saying there were no grounds for him to step down and he will continue handling the case.

During the proceedings, the prosecutors notified the court that first accused Kumwembe will now be represented by private practicing lawyer Goba Chipeta and that private practicing lawyer Emmanuel Theu no longer represents third accused Raphael Kasambara as the accused is now back in court and will continue representing himself .

Speaking in court, former justice minister Kasambara who looked sickly said he is “not fit and well” to stand the trial as he is recovering from his heart problem

But Kachale told the court that Kasambara must put that in writing so that the state can respond to that accordingly.

Kasambara is on remand in prison after being discharged from Mwaiwathu Hospital as Supreme Court of Appeal judge Rezine Mzikamanda dismissed his appeal against the High Court verdict to withdraw his bail.

Through private practice lawyer Modecai Msisha, former justice minister argued that the court erred in revoking the bail.

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

But in filing the application, Msisha argued that the trial judge (Mtambo) blundered in revoking the bail because he was a complainant as well as a judge in a matter in which he was the aggrieved party.

Kasambara, Kumwembe and businessperson Pika Manondo were found with a case to answer in the near fatal shooting of Mphwiyo.

Meanwhile, the court has been adjourned to 10 and 11 December, 2015 when the court shall proceed with the hearing when the suspects are expected to enter into defence

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50 thoughts on “Kasambara appears in court: Judge Mtambo refuses to opt out of case”

  1. losco says:

    It is really surprising to see the judge clinging to preside over a case where he is requested to recute himself. We all know that there is personal enemity btwn the two.We will call the judgement at last Nul And Void.If the law is straight forward, why not give this case to another judge? We want justice in Malawi pls.

  2. zebron henry banda says:

    Malawi is and was a banana republic since the times of the late Kamuzu.summary executions were the order of the day with people from the north targetted most.Tongas have been hated ,persecuted and killed for trivial issues.This is a replica of what they did to Orton Ching’oli Chirwa.This is some form of ethinic cleansing whose target is Tongas.People will get fed up and rise up against the government of the day if this persists.Try to exercise justice and fairness for peace’s sake.That country will burn one day if persecution is one form of governance.

  3. Mtambo Adams says:

    with money never found guilty. Gud example with Oscar in sa.how it went the case???.let us stop wasting our time, with n issue that even little child can judge..

  4. Big Show 11 says:

    Finally some one who can take the bull by its horns,sadyeka wadyeka,thats what happens when u think u are smartest person around!!Lafaelo thought he is too shrewd and knows the law better then everyone in the whole wide world.Akhalabe pakona.

  5. DD Phiri says:

    Dumb Malawians, Kasambara is not Tumbuka. No wonder you call break fast kuti Lunch ya m’mawa, dinner lunch ya utsiku and lunch yamasana.

  6. Mike says:

    Don’t forget the corrupting his caused , He manufactured fraudlent document to Stop MML from rolling out its net work this fucking greedy fool has cost the country billons , who knows how many other corrupt deals he did which we don’t know !! Fuck u pig rott in Jail

  7. Gondwe says:

    Fairness and for the interest of justice, Kasambara should get a laywer

  8. Godrich says:

    akakhala osauka lingolowa mkothi judgement pompo,awa poti mdi amakobidi mlandu ungozungulira, abale chinyengo chidzatha liti, mungosunga milandu cholinga chanu mapeza podyera chikhalirecho mukudziwa komwe nkhaniyi ikukathera,mukufuna kukuza ntundu wa amalawi kuti monse muja simunapezebe umboni, Amalawi ndie mumadziwa kupusitsa anzanu mpaka lero boma lizingokuonongerani ndalama, cashgate ipose pamenepo mukutani kodi mukufuna tiyambe zionetsero zosonyeza kusakondwa kwathu ndi maleluzidwe anu amilandu,,akanakhala muthu wamba bwezi itatha kale chilungamo chimakusoni bwanji Amalawi

  9. Ngwenya says:

    Ndikanakhala judge ine pano atombolombo amenewa atakwidzingidwa kalekale. Mukuwanuengelela bwanji? Tikusowa anyamata iti azikatchetcha ku Kamuzu central mvula yayambayi. Kasambara angatchetche bwino kwabasi. Athileni nyakula basi

  10. phumlani msibi says:

    a mtambo nde mwakakamilatu, bwani osangozitaya kusiyira anzanu. the spirit of justice is being defeated here, cant you see?????????????????????

  11. Patriotic Citizen says:

    The Analyst, you have spoken well I wish the country had citizens like you! It is only thugs and evil doers that who wish this country well that side with Kasambara.This man is a living example of a wicked man, period!

    1. The Analyst says:

      Sure

  12. Dr love says:

    panthawi ija mumaoneka ngati madolo apasopano mukufuna chithandizo changa mwaonatu ziko ndi choncho

  13. Razaq says:

    I ask: Why does nyasatimes take plight in publishing comments from illiterate and crazy people like comment no. 4 calling himself ‘angoni apaphata’? Even a small child can differentiate type of tribe from each district and yet this lunatic on point 4 as old as he is does not know that Kasambara is Tonga? Am not Malawian but why some stupid people always put out of topic comments? What has this to do wc tribe? Malawians that is why you are rated the poorest, you chose a president on tribal/regional basis and the country z in big mess now. Emulate from your neighboring countries.

  14. commenter says:

    Its about time that this wicked man should rot in jail!!!

  15. Mzozo kununkha says:

    His medical document from Mwaiwathu from the professor himself stated that Kasambara will be fit to stand in court in the next ten days and its almost a moth now this dude is fit and this why he representing himself and not Theu as was the case. Mtambo really has the ground. As pro, he knows the ethics of his professional and will execute his duties professionally and accordingly. A kumwembe remember the bullets in mphiyo’s head implicates you with or without Ntambo. In this regard no one with a human mind will sympathize with you and your crew stop wasting your time and face the law which as hand

  16. mbava zopanda pake says:

    Why worry Kumwembe et el?Don’t you have the right to appeal if you are dissatisfied with Mtambo’s ruling? He has not deliverd any judgement , if you have valid grounds to win the case, then wait for the judgemnt then appeal!

  17. Mbuya says:

    Kasambara afere ku ndende ameneyi….atumbuka amazimva amaona ngati ali ndi ufulu oopyeza anthu ndikupha komanso kuba….afe ndithu ameneyu mmene amafuna kuphera nzake…………mumuuzeso Machende ake ku ndendeko

  18. Alungwana says:

    Even if Ralph is guilty BUT the actions and reactions of judge Mtambo are becoming so suspicious day in day out. The duty of the judge is not to be on the government side or on the opposite. The judge is there to ensure justice. Looking at Mtambo, he seems to be on the prosecuting side and not on the judging side.

  19. KK says:

    Bwana Ralph “untouchable” Kasambala. The long arm of law has touched you today. Munayiwala kuti mungawukuke koma tsiku lina mudzatela. You took Malawi as a private property. The innocent souls has come to haunt you now. Wonders shall never end.

  20. D.D. Phiri says:

    letting kasambara walk free…our judicial system wil b the most inefficient,shameless and irresponsible in the world. its a shame that one still brings regionalism..above his/her concienceb,,, to block justice..zelu zanu zilipati azathu aku mpoto?

  21. Kavuluvulu says:

    Ralph is just confusing you. You are going round and round.

  22. SONG says:

    No 4 please note that Kasambara is not Tumbuka but Tonga. Ndiwe mlomwedi wosadziwakanthubi. Kasambara replaced a well known lawyer late Olton Chirwa. Let DPP do it because they want to revenge him because of 6 midnight. Case iyi yiripobe wait it will resurface.

  23. Chief Cadet says:

    Let’s be fair palibe olakwa apa akungoganizilidwa, a Mtambo ndi a Kachale dziko ndi lozungulira iri, mumati ndi a born again koma mzanu akudwala mungamakane bail, bail mukumapatsa anthu opha anzawo, koma apa Mphwiyo alimoyo, think twice,don’t be jealous ,mind you jealous is sin.Don’t lose your Christianity because you want to please Ena ake, evenn if Kasambara is dead what will be benefit to you personaly & the country,zidani za ku school ndi kumanyumba kwanu zisatikhudze ife a Malawi, tikufuna chilungamo olo mlandu utatha 2 years palibe chovuta bola chilungamo & fairness between both parties,a Bakiri bwanji mumawalora kukhala pa bail akadwala, mphwiyo kupita kunja kuchipatala ngakhale mukuti ndiye prime suspect,a Malawi do we have umunthu? God should forgive us. Amen

  24. Mbwindi says:

    what goes around comes around.this is time to pay mr kasambara for what you have been doing in the country.i wish all justices of appeal were like dr mtambo because he deserve to be cj of our country.receuse for what?njatani dzigandangadzo.

  25. patrick says:

    Malawi has prominent, proffient, remarkable and reowned judges. One of them is Mtambo.I would wish to see him handling this case with proffessionalism as he has always been.

    At the end of it all justice wil be done and fairly seen to be done. Mind we are dealing with laws.Believe me sooner
    or later Malawi shall breath a sigh if relief.

  26. James kotoki says:

    Munyongekaye,galuwanuwa,president mbavanumber,number munthu kukhalakunjazaka,30 koma oaths English,nyasi

  27. M’dziko muno mulibe malamulo eti, zikuwoneka ngati kasambala ndiye malamulo adziko lamalawi eti.kapend malamulo munapangira amphawi?.madotolo amamuyezawo ndiye kuti ntchito sakutha! Ponena kuti akhala ali bwino pakatha masiku mwakuti.amangeni madotolowo ndi abodza ku mtundu wa amalawi akutipusitsa ndi masakha.

  28. levelheaded says:

    Why are you insisting on Mtambo’s recusal?
    When judgement is passed and you don’t go by it, you will be at par to appeal at the supreme court.
    Agalu achabechabe inu. Mukhala kundende moyo wanu one. Fuck you.

  29. Chilungamo Chimawawa says:

    Next to be arrested is APM for the monies him and his late brother Bingu robbed Malawians, we will never forget. “No retreat No Surrender”

  30. Nathenje trading centre says:

    Knowledge without wisdom is useless

    Kasambala is intelligent but not wise that’s why dzikoli akulimva kuwawa.

    how can you fight a judge who is older than you in age and higher in education,that’s stupidity at its best
    Don’t you read the bible

    Dzikoli limafunika anthu ngati ife oti kusukulu sitinapite bwinobwino koma we have wisdom that we get from the bible,we know how to play our cards
    That’s why we are enjoying life with our families in this very country that most people are groaning.

    Bakili Muluzi had countless charges hanging on his head but now he is as free as a bird because he is a wise man he knows how to play his cards.

    Munthu uli mu handcuff and yet you want to fight the police what do you expect,they will simply kill you.

    Be wise like me and Bakili Muluzi and you will enjoy the fruits in the land of your forefathers.

    That’s my wise advise.

  31. Titakhuta Tinatero says:

    Ma judge ndi ambiri, y mtambo akukakamirankhaniyi? Ifenso tadabwapo, oyimbidwa mlanfu akamukana oweluza, oweruza amachoka kachetechete, koma mtamboyu bwanji?

  32. Jayjay says:

    The measure you use on others mercelessly shall be measured on you in one way or the other so watch out that your partiality and professionalism surpasses all understanding. Love covers a multitude of sin. Check into the accused eyes and see whether you do not see his guilty and his plea for mercy during trial. Mercy triumphs over judgement. Guilty or not guilty we all have to one account for ourselves without any lawyer representing us.

  33. Mphwache says:

    Gotti was one of the most powerful crime bosses during his era and became widely known for his outspoken personality and flamboyant style, which gained him favor with much of the general public. His peers avoided attracting attention, especially from the media, but Gotti became known as “The Dapper Don” for his expensive clothes and personality in front of news cameras. He was later given the nickname “The Teflon Don” after three high-profile trials in the 1980s resulted in his acquittal, though it was later revealed that the trials had been tainted by jury tampering, juror misconduct, and witness intimidation. Law enforcement authorities continued gathering evidence against Gotti that helped lead to his downfall.

    Gotti’s underboss Salvatore “Sammy the Bull” Gravano is credited with the FBI’s success in finally convicting Gotti. In 1991, Gravano agreed to turn state’s evidence and testify for the prosecution against Gotti after hearing Gotti on wiretap making several disparaging remarks about Gravano that implicated them both in several murders. In 1992, Gotti was convicted of five murders, conspiracy to commit murder, racketeering, obstruction of justice, illegal gambling, extortion, tax evasion, and loansharking. He was sentenced to life in prison without parole and was transferred to United States Penitentiary, Marion. Gotti died of throat cancer on June 10, 2002, at the United States Medical Center for Federal Prisoners in Springfield, Missouri.

    Just reminds me of King Ralph, the mafia lawyer.

  34. garnet chirwa says:

    Dpp government want to kill kasambara. As revengge. For the midnight 6 and also they. Fear hhis legal prowess.
    This is a lhomwe show.mtambo and fellow lohmwe mary mpikiso kachali are out to get kasambara for po

  35. Lenzoh says:

    Tammangen ameneyo mukuchedwesa bwa

  36. Nyanyenyinyonyu says:

    Mlandu umenewu udzatha?

  37. Owen says:

    Musamumvere Kasambayo alangidwe

  38. jona mtowa says:

    so u can shop a judge acording to mzikamanda

  39. Boyi says:

    Angonyongegedwa Basi!

  40. Boyi says:

    Awa Angonyongedwa Basi, Asititaitse Nthawi

  41. Enawa says:

    Though to pitify is human but for ze sake of ze poor who r suffering in prison u kasambara shud face ze law

  42. fake Lawyer says:

    khokhokhokhohkhohkhohkho tisiireni akazi anuwo ife tichite nawo mmesa mumachita matama kuti mumamangitsa anthu kenako kumayenda ndi akazi awo .

    my number is 666

  43. peter mshali ku salima says:

    mtambo failing to recuse yourself leaves a lot to b desired,in short u r also a cashgater time wil fool u mark my words,

  44. tzbvxhn says:

    So the guy is looking for a judge who is going to be linient?

  45. The Analyst says:

    ……………………………………………………………………………………………………………………………………………………………………………………………………………..
    When justice meets evil, is it not fair to allow them meet in camera without being seen? Why should this be a problem now when the evildoer was doing his evil without being seen? How has it come to be a problem now? Let it be known that there is no justice for evil men – laws of gods and men.
    …………………………………………………………………………………………………………………………………………………………………………………………………………….
    Unless you are insane or an alien from the planet pluto; you can’t sympathise with Kasambara and wish that justice be seen to be done on him. Truth be told without fear of contradiction: Kasambara is the epitome and complete definition of an evil n wicked man. Kasambara can kill, can steal, can swindle, can trick, can threaten, can fornicate . . . just for his benefit. He can even sell the country. If you do not know this; you are not an honest person, with yourself or your wife/husband/girl/boyfriend.
    ………………………………………………………………………………………………………………………………………………………………………………………………………………
    . . . The guy is so shameless in his tricks that he can feign illness to delay or avoid justice. . .
    . . . The guy is so fearful that no lawyer in Malawi can testify against him in court . . .
    . . . The guy is so wicked he can hire thugs to kill if you stand in his way. . .
    ………………………………………………………………………………………………………………………………………………………………………………………………………………
    Judge Mtambo: do not relent or recuse yourself. You are the only judge seen to have the spine to look at these evil men in the face. Whether they accuse you of bias or not, dont move even a hair on your head. If they think that justice is not seen to be done, tell them that some of us and many other Malawians are seeing justice being done here. Know that those who think otherwise, are equally evil n have no place here or in the hereafter. A a!!
    ………………………………………………………………………………………………………………………………………………………………………………………………………………
    “When justice is done it is a joy to the godly and righteous but it terrifies evildoers.” – Proverbs 21:15
    …………………………………………………………………………………………………………………………………………………………………………………………………………….,

  46. angoni apaphata says:

    Kasambala…. One mtumbuka. Two… Ena atengerepo phunziro… Three and most importantly is an analysis.

    Ralph was a lecturer at poly and MCA. Not to mention his private practice. As a lawyer he practiced good.
    As a politician he flopped. Ndiye one ndinkanena kuti Ralph alibe nzeru. Atumbuka anzake ankamutama nzeru za mkalasi. Okuba ndi okupha ity. Katayeni.

  47. musisipala says:

    Kasmbala is a master of crooks

  48. Mtundu says:

    Ada Raphael day ya 40 yila yakhala pachoko kukwana. You are going to get convicted mwana wakwithu. And you with your ailing health will not survive prison. Ndalama wanguwa nazo kale wakhumbangachinso kubela Boma

  49. NAMATHANGA KU MAULA says:

    AZINGOBWERA KUNO
    KU MAULA
    AMENEWO !!
    MALO ALIPO .

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