Kasambara did not show remorse – Judge Mtambo: DPP says Malawi ex-minister  is ‘danger to the society’

High Court Judge Micheal Mtambo had a disbelief in former Justice and Constitutional Affairs minister, Raphael Kasambara’s claim of remorse for his role in the attempted murder of ex- Budget Director Paul Mphwiyo.

Kasamabra leave the court after being sentenced to 13 years IHL

Kasamabra leave the court after being sentenced to 13 years IHL

Convict Kasambara being taken to priso to serve his jail term

Convict Kasambara being taken to priso to serve his jail term

During sentencing oral submissions on Tuesday, lawyer Modeccai Msiska, SC,  told the court that Kasambara was remorseful for his actions .

“Our client has been a man of good character all through until the events that led to this crime happened. And this was also demonstrated through the behaviour he portrayed when this court gave him bail in the very same case,” Msiska, who was assisted by other lawyers  Lusungu Gondwe and Wanangwa Hara submitted to court in mitigation to spare custodial sentence.

But Judge Mtambo expressed his disbelief, saying Kasambara showed no inference of remorse, apology, or regret.

The judge went on to say the manner in which Kasamnbara handled himself before the court during trial did not show that he was remorseful.

Mtambo cited one incident where Kasambara made verbal threats on one of the witnesses as an example of a convict that is not remorseful.

“Can you provide me with evidence that the third accused (Kasambara) was remorseful? Again, between the State and defence, who is supposed to give evidence of remorse?” asked the judge.

Msiska asked the court to allow him consult  the convict and after exchanging verbal notes with Kasambara,  the lawyer told the court that the convict  “regrets the events that led to the circumstances he is in today.”

Accoriding to Msiska,  former minister’s regrets  “could be evidence that he is remorseful.”

But Judge Mtambo did not take it to be sincere.

Director of Public Prosecution, Mary Kachale submitted to court that  Kasambara was a danger to the society who needed to be jailed for the crimes he committed.

She also submitted that  another convict Macdonald Kumwembe ,a  former Malawi Defence Force  soldier,  is a serious danger to the society as he had portrayed that trained soldiers could use the skills gained from military trainings to “organise crimes and conspire to kill in the society”.

State that suspended sentences or community service would not be the appropriate ones in this matter.

Judge Mtambo in his determination said Kasambara together with Kumwembe and Pika Manondo  should be incarcerated.

He pointed out that the convicts had created a psychological trauma, which the gun-shot survivor Mphwiyo and his family will live with for the rest of their lives.

“Above all, the purpose of the sentence is not only to punish the offender, but also to protect the life of the same. I, therefore, sentence the first and second accused persons to 15 years imprisonment with hard labour on the first count of attempted murder; and, another 11 years IHL for conspiracy to murder. These sentences will run consecutively,” said the judge before handing down a 13-year jail term on Kasambara.

Mphwiyo’s shooting in 2013 is believed to have exposed Malawi’s worst financial scandal, known as “cashgate”.

The former budget director in the finance ministry, Mphwiyo, was flown to South Africa for medical treatment after he was shot.

He recovered and testified at Kasambara’s trial.

Mphwiyo is however also answering charges related to a multi-million dollar corruption ring.

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Charlie Hebdo
Guest
Charlie Hebdo
25 days 8 hours ago

There is a major problem in determining custodial sentence by Malawian magistrates and judges. You steal a goat- 8 years IHL. You steal K63m cashgate, you get 5 years! You are caught with raping intentions, 21 years IHL. You murder albino, 11 years IHL. OMG!!!

JOYCE MTILA BANDA
Guest
JOYCE MTILA BANDA
25 days 12 hours ago

Am finally happy that this guy has been sentenced. CHISALE get ready after DPP regime. You need to answer on Njaunju’s death. The nation is aware of that.

Joseph
Guest
Joseph
25 days 16 hours ago

From the day the trials started, and Kasambala’s demands for change of Judges etc, his coholts description of Judge Mtambo as behaving like Robin wood the robber, Adada na bakulu bane a Modecai Msiska, was this remorsefulness by any true standards?? Ka imwe ndalama izi zikonowa kwene zinga bisa or kutindibizga unenesko. MM i had high regard for you koma apa pokha kayano

Fearson Kadala
Guest
Fearson Kadala
25 days 17 hours ago

How does one show remorse when they have denied committing the crime. This shows how disconnected from the whole case Mtambo has been. He already made up his mind and the sentence was already set, he has only been waiting for an appropriate time to deliver it. Remorse my foot!

human
Guest
human
25 days 15 hours ago

You happen to be the one who is disconnected from the issue, read the story and you will see that Mtambo was not the one who mentioned remorse in the first place, learn to respond after reading and not vice versa

chigwex
Guest
chigwex
25 days 15 hours ago

Who is supposed to be remorseful tossbag? Judge or the convict?

nancy
Guest
nancy
25 days 15 hours ago

Get a life,kaya ndi abale anu a kasambarawa muzikawaona ku maula

Malawi
Guest
Malawi
25 days 19 hours ago

Mphwiyo Ali moyo Kasambara wamangidwa. Chasowa was brutally killed and the suspect are on bail. Njaunju was killed too. And the killers are not a danger to the society.

Kachale and Mtambo let me tell you. God is real.
I am not a fan of Kasambara but you two God is watching . He is the Just Judge.

matofotofo
Guest
matofotofo
25 days 20 hours ago

My lecturer in environmental law. I wish you keep the strength you have always demonstrated throughout your life. You can make it in 13 years.

nancy
Guest
nancy
25 days 15 hours ago

Nanuso musatinyase apa Pitani muzikamuona ku ndende uyu,

chilungamo chimawawa
Guest
chilungamo chimawawa
25 days 20 hours ago

What abouta chaponda and his friends?

smart
Guest
smart
25 days 21 hours ago

KWATSALA PHWIYO NAYENSO NGAKHALE AMAFUNA KUPHEDWA KOMA CASHGATE MUTU NDI IYEYO.AYAMBE KUZENGEDWA MULANDU WA CASHGATE AS SOON AS POSSIBLE.PASALOWE NDALE APA AYI.

be humane
Guest
be humane
25 days 21 hours ago

Bravo MCP you have managed to arrest the criminals osati boma la DPP iri. MCP Bomaaaa Kwachaaaaaaaa! Bravo Chakwera you are really good president of Malawi

Talitha Koum
Guest
Talitha Koum
25 days 22 hours ago

Late Bezelenge Mwafulirwa should be turning in his grave to see his intelligent boy in this mess. Problem is, lawyers want to be rich as soon as yesterday and by any means necessary. I dont know if Ethics is included in the curriculum of their studies. I hope he was not teaching his students similar tricks of getting rich. I feel pity for my friend Ralph. He has tarnished and ruined his career and life by what I can only describe as greed. He was comfortable but wanted to accumulate more. Phepani Ada!!

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