Kasambara convicted in Mphwiyo shooting case: Manondo, Kumwembo also quilty!

High Court judge Michael Mtambo has delivered his judgement on the shooting of former  budget director Paul Mphwiyo, ruling that all the three accused  in the case including former minister of Justice and Constitutional Affairs Raphael Kasambara are guilty of conspiring to murder and convicted them.

Convicted Kasambara being taken to Prison pending sentencing

Convicted Kasambara being taken to Prison pending sentencing

Manondo and Kumwembe handcuffed after conviction enroute to Prison

Manondo and Kumwembe handcuffed after conviction enroute to Prison

Kasambara was accused of conspiring to murder Mphwiyo alongside former Malawi Defence Force (MDF) soldier Macdonald Kumwembe  and businessperson Pika Manondo who faced a separate charge of attempting to murder the former budget director.

Mphwiyo’s shooting at the gate of his Area 43 residence in Lilongwe is believed to have exposed Cashgate, the plunder of public resources at Capital Hill.

The case, which started in 2013, has been marred with hurdles ranging from application for recusals from defence, defence being thrown back into jail for contempt of court and other excuses.

In delivering the judgement after recalling facts of the matter, Mtambo pointed out that  conspiracies are done in secret but burden of proving truth remains with the state.

He said facts presented in court, particulary on call logs shows that there was indeed a conspiracy against Mphwiyo’s life.

Judge said there was no enough evidence to link Kumwembe as the shooter.

But also noted that the passport of Kumwembe which claims he was in Mozambique during the shooting is “suscipious”

Judge says immigration stamps from Mozambique and Dedza border not enough alibi for Kumwembe.

He noted that Mphwiyo never saw Manondo at the scene of crime.

Judge ruled that the prosecution failed to prove beyond  reasonable doubt the case of attempted murder.

He pointed out that call logs are  not enough  to convict someone without additional evidence.

Mtambo said Manondo’s alibi, introduced very late in the trial, was “manufactured” and “afterthought”.

He said false alibi doesn’t mean Manondo is guilty, could have been misguided.

“Someone can have a good story but would like to add salt and pepper,” said Mtambo.

But Mtambo said the state proved their case against first and second accused on charge of attempted murder.

Judge says all the three  are convicted of conspiracy to murder and has since revoked bail.

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35 thoughts on “Kasambara convicted in Mphwiyo shooting case: Manondo, Kumwembo also quilty!”

  1. Comments First Story Later says:

    So basically we’re saying that the 3 have been convicted because of the call logs? Interesting. I foresee a strong appeal.

  2. Former attorney General says:

    Abale anga musandiseke nanu muzafika kuno. Ndinali shasha ine. Ndalowa ku chitokosi 3rd term

  3. Chikopa says:

    This is Malawi where people admire crooks and mafias. It was not APM who wanted Kasambara in prison as some are saying with bad language. Raphael was charged in 2013 and therefore please leave out his Excellence out of this issue. The Presiding Judge as Doctorate Degree in Law and was a long time Law Lecturer in Malawi before he became Registrar of High Court and then a Judge. He used his experience to tie loose ends. Raphael could have been at Bwandilo especially at Ma China today bonking ng’ona/zikheba if it was not for this very good Learned Judge (not just as title komansotu chifukwa ali ndi Doctorate ya Law. He had seen a lot of rot and is there to close the pot of stupidity from most lawyers who think they are above the law. Moral of the story – we are just but mortals.

  4. Jasmin says:

    Tsiku lokufa Nyani mitengo Yonse imagwa……. Ralph ankazitenga ngati shasha ndipo ngati amdziwa malamulo onse adziko la pansi lero Tsoka Mtunda ndi nyanja pakuti Mtambo wasikira Nkoko

    Muona mene muchitire Mwakula mwatha

  5. Mgonapamhanya says:

    JB must be very very angry this time around.

  6. ambele says:

    a Kasambala ankaziyesa kuti ndi dolo, those who know him , know
    that this man was anyamata amadilo patawuni, crooked,corrupt and fooled many because he was a lawyer

  7. Kenkkk says:

    Some of us expected that verdict simply because of judge mtambi’s personal conflicts with Ralph.

    With a very poor presentation by a very poor prosecution team, Ralph could not have been found guilty in any world court except for the one presided by mtambo. Dpp, are you happy now?

    Ralph will certainly appeal.

    1. wakutuma says:

      Ngakasala

    2. Che Wadi says:

      Kumene amaba Ndi kuwomberanako Ife a DPP tinali ko? Boma lilironse kumanga Ralph Hatrick imeneyo

  8. mukwame says:

    Please educate me what is the basis of convicting them since you say the prosecution team failed to give evidence beyond reasonable doubt to link them to the murder case

  9. Maunisi says:

    Where is the sentence when are u going to please your masters with the sentence. We are here watching you.

  10. Maunisi says:

    Judge Mtambo I don’t think the judgement delivered live carries weight to convict former Minister of Justice Raphael Kasmbala. Now I can really see that you did hate Kasambara. The only Wise Judge is the Lord who will also judge your force judgement which you are busy delivering now in worldly courts. Kasambala will appeal and get released.

    1. Karroti says:

      Very true, according to the how the story has been going thru since its inception, there is no proper justice to convict RK. HAs indeed been compromised. Sibwino

  11. International Observer says:

    This is just a step in the right direction. Phase one done with, passing sentence is the other one. After that one is done and dusted we enter phase two which will now involve money laundering etc. Come to think of that, all it entails is like one receiving a life incarceration of some sort when you add the two sentences. Consultation with spiritual fathers is not a farfetched idea.

  12. The Analyst says:

    O…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………O
    Only lessons are all we can draw from the Kasambara story . . .
    . . . Its very important for one to be humble when you have a case in court . . .
    . . . clearly, the CV issue and flamboyant facebook posts (by Ralph) may have provoked untold anger in Mtambo, and thus, played a role in his judgement. Otherwise, these mafias were just too smart for Mary Kachale.
    …………………………………………………………………………..
    To all the crooked lawyers out there – beware!
    . . . there is always a limit to which one can be smart and always a time to pay for wickedness and treachery.
    . . . there are some judges in Malawi who are determined to end such unpalatable gestures. Mtambo is!
    Nanga . . .
    . . . who knew that Kasambara would ever be convicted of anything in Malawi? smart as he is touted to be?
    . . . who knew that the courtroom (Kasambara’s playground) would one day become so hot for Ralph that he would do anything to avoid it – including becoming ill mannually (heart attacks, BP) and other drama?
    . . . Who knew that . . . who knew . . . who . . .
    >>>>>>>>>>>>>>>>>>>>>”As we sin; so do we suffer.” – George R.R. Martin <<<<<<<<<<<<<<<<<<<<
    O………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….O

    1. Mmalawi says:

      Wanena zoona aise

    2. Vincent says:

      i thought you are a geneous analyst but my foot i was mistaken I didn’t know that you are a DPP cadet. The truth will prevail sooner than later!

  13. dododo says:

    Tiye nazoni….

  14. Goowokeleni Mkandawire says:

    I feel sorry for Kasambara and two others.

  15. Chimwala says:

    At last justice has been saved . These guys are very evil by shooting each other because of greed God made sure that evil should be exposed. Malawi will never prosper if we allow evil people like mphiyo and kasambara to rule us.

  16. Mapwevupwevu says:

    Rough Kasambara! Rot in jail you stupid motherfucker.

  17. CAPTAIN says:

    inu sumukudziwa kuti mtambo watumidwa ndi nkhumba ya ku Mulanjeyo? There is no enough evidence to convict Kasambara. He is going to be aquitted by the supreme court of appeal. Mtambo and Namachendeyo They dont want Kasambara…..Namachendeyo(PITALA) ndiye akuona ngati afika kuti?? Naye ndiye Big Thief .MAPWALA AKO NTAMBO NDI PITALA WAKOYO MBOLO ZOSADULAZO

  18. Franz Van Gwire says:

    What is the maximum sentence (years) for conspiracy to murder? I feel sorry for the guys but thanks to Judge Mtambo justice must take its course. We want same sentences meted on Albino killers.

  19. ngongoliwa says:

    Comment please.

  20. Nkhulandi says:

    Ine amene anafuna kupha a Mphwiyo ndikuaziwa – Joyce Banda

  21. Ken says:

    bravo Mtambo, Bravo DPP

  22. charles mwale says:

    FWIKOFWIKO-YELEYELE WANYA

  23. boboo says:

    yaaaaa lock them all thieves and killers LATER take on Mphwiyo this guy masterminded cashgate for JB

  24. Prof. Odidiyoo says:

    the ruling is subject to be challenged because it is not based on facts but on opinion.

  25. Kakaman says:

    Questionable Judgement

  26. jomo says:

    i knew it

  27. Sasani says:

    Malamulo amaoneka ophweka ukakhala osapalamula koma ukalakwa dziko limakula.

    1. Piche Yakiti says:

      Ku appeal akati ndiolakwadi, ndiye muzati chani?

      1. ANOLD says:

        TIZADULANO MAPWALA A PITALA

        1. Che Wadi says:

          Zakuvutani muzingotukwana. “Ralph Kasambala Ndi khuruku” late Ngwazi Bingu WA Mutharika, chitsulo cha njanji

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