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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Comments First Story Later
Guest
Comments First Story Later
2 months 8 days ago

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

Former attorney General
Guest
Former attorney General
2 months 9 days ago

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

Chikopa
Guest
Chikopa
2 months 9 days ago
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… Read more »
Jasmin
Guest
Jasmin
2 months 9 days ago

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

Mgonapamhanya
Guest
Mgonapamhanya
2 months 9 days ago

JB must be very very angry this time around.

ambele
Guest
ambele
2 months 9 days ago

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

Kenkkk
Guest
Kenkkk
2 months 9 days ago

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.

Che Wadi
Guest
Che Wadi
2 months 9 days ago

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

wakutuma
Guest
wakutuma
2 months 9 days ago

Ngakasala

mukwame
Guest
2 months 9 days ago

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

Maunisi
Guest
Maunisi
2 months 9 days ago

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

Maunisi
Guest
Maunisi
2 months 9 days ago

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.

Karroti
Guest
Karroti
2 months 9 days ago

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

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