Kasambara raps Judge: ‘Mphwiyo’s shooting did not lead to cashgate revelations’

Malawi’s former Justice Minister Ralph Kasambara, one of the suspects in the shooting of former Ministry of Finance budget director Paul Mphwiyo, has quashed High Court Judge Michael Mtambo assertions that following the shooting cashgate affair was discovered.

Trial by error

Kasambara: Accuses Judge Mtambo of exercising journalistic licence of introducing extraneous prejudicial evidence

In his submission seeking the judge to recuse himself from the case, accusing him of bias, Kasambara a prominent lawyer defending himself, faulted the learned Judge for introducing into the case “extraneous information” which he said is “prejudicial but inadmissible” that only gives rise to apprehension of bias.

According to Kasambara, Judge Mtambo introduces cashgate scandal into the shooting case when he writes: “Mr. Paul Mphwiyo, at the material time Budget Director in the Ministry of Finance, was shot at the gate of his house in Area 43 Lilongwe after 11 p.m. on the 13th September 2013. There were several attackers that approached him before being shot by one who was slim and tall and wearing a hood. This attack led to the revelation of wanton looting of public funds dubbed the cashgate scandal.”

Kasambara submitted that Mphwiyo’s shooting “did not lead to revelation of cashgate.”

He argues that the Anti-Corruption Bureau is on record that they already received information of cashgate looting on 11th September, 2013.

Apparently, the arrest of accounts assistant Victor Sithole – currently serving nine years in jail with hard labour for his part in the “cashgate” corruption scandal – in August 2013 kick-started what became known as the “cashgate” affair – the worst financial scandal in the country’s history.

It became public knowledge a month later following the shooting of Mphwiyo.

“So where did the Judge get this wrong information?” wondered Kasambara.

He adds: “And why did he exercise the journalistic licence of introducing such extraneous prejudicial evidence into the case especially when [Kasambara] was a politician and a serving Cabinet Minister at the time of Paul Mphwiyo’s shooting”

Kasambara states that the reasoning of the judge “becomes apparent when one considers a follow up extraneous prejudicial information again manufactured by the Judge disputing the legal position and factual position.”

Instead, Kasambara argues that the Judge introduces his own theories of the case of cash.

“First, he subtly suggests that this case had something to do with the infamous Capital Hill cashgate undoubtedly, the trial Judge has taken an active interventionist role in the proceedings,” argues Kasambara.

“He has simply descended into the arena and assumed the role of the prosecution advocate.

“The State theory was that Mphwiyo was attacked because he refused to pay favoured companies of the 4th Accused (Kasambara) The Judge does not believe that as it is not supported by any evidence. Instead the Judge embarks on his own voyage of discovery of a theory to support conviction of the 4th Accused person,” reads the arguments filed in court.

Judge Mtambo ruled Kasambara, Pika Manondo and McDonald Kumwembe have a case to answer on the attempted assassination of Mphwiyo.

Mtambo ruled that the evidence tendered by the state had proved a prima facie case against the accused persons.

The judge, however, acquitted three other suspects Oswald Lutepo, Dauka Manondo and Robert Kadzuwa of conspiracy to commit murder charges saying the prosecution team did not present sufficient evidence implicating the accused persons.

Meanwhile, Judge Mtambo has refused to recuse himself from the case, dismissing the bias accusations as fallacious.

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79 thoughts on “Kasambara raps Judge: ‘Mphwiyo’s shooting did not lead to cashgate revelations’”

  1. Kadonapati says:

    Ralph is absolutely correct.The judge is only being emotional..he further says;”in my opinion cellphone is personal to holder”.His opinion not what the law says to the applicable facts in the case.I see the judge has already convicted in his mind.He’s prejudiced,no doubt about that.

  2. Kp fire on burnng!

  3. Koma ndikanakhala ine bwenzi pano ndili kundende.koma ine ndimayamika yam’mwamba-mwambayo pakuti sagona kuteroku akukuonani nonse amene mukumsewesa mulunguyo popondeleza chilungamo koma choonadi mukuchiona,pakuti kwamulungu ndikumene kuli chilungamo cheni-cheni

  4. belekiya says:

    I think Kasambara has a point. The Judge has to recuse himself.

  5. skip says:

    Noone is above the law, tiyeni nazoni. But u shud also think about the ones already in prison nkhani iyiyi isanayambe, tikungozungulila koma chilungamo tikuchidziwa.

  6. A Gondwe Wakalamba says:

    Judge Mtambo that is indeed very unethical. Kasambara has a very valid point unless you tell the nation differently there is no point in mixing the two ngati munthu wosaphunzira.

    By the way how old is the judge, mwina tiyamba kuyankhula zambiri, pomwe nawonso anakalamba ngati a Badall Gondwe.

  7. Chauluka chidzatera whether in piaces or intact

  8. Chimani. Game says:

    Put peter mathanyula.in prison first.

  9. mphatso says:

    we are wasting tax payers money even more….just put this guy in prison for fifty years or more and we forget about him.so crooked

  10. Mwendanato says:

    BRAVO JUDGE MTAMBO LET US NOT SET BAD PRECIDENCIES IN SUCH CASE AND DO NOT BE THREATENED BY KASAMBARA LET HIM KNOW THAT YOU A JUDICIAL CHISULO CHANJANJI ANDDO NOT LET HIM INTIMIDATE YOU. HE KNEW THAT THE BEST OPTION LEFT FOR HIM IN THIS JOURNEY TO PRISON IS BY DEFENDING HIMSELF. KODI WACHIBWANA IWE MPAKANA LITI UKUOPSEZA MAJAJI

  11. Boyd Kilembey says:

    Kasambara is using academic arguments here. I am afraid the more he talks, the more he appears to be a guilty man trying to run away from justice using all the tricks in the book. If I were Kasambara, I would get legal representation and stop this useless talking against the judge. And who in Malawi will sympathize with Kasambara. Does Kasambara really think any Malawians(apart from his wife and kids) would be agrieved if INJUSTICE is visited upon him? This is Malawi Amwene

  12. Charombanthu says:

    Hate him or not, Ralph has a valid legal point here. The judge had no business bringing “cashgate” in the Mphwiyo shooting matter.

  13. Joseph Banda says:

    Iwe No. 60-Hoho-Chatoloma, you a very thick headed person. You do not even read the Bible nor follow anything. God told his Man of God to Marry a Prostitute. God used Saul or Paul, the killer to clean up the system and spread the word of God. In Malawi no one would stand the Powerful judges to contradict them on the wrong judgments. Kasambara no matter how you see him is able to do this. STOP and read his arguments. I think if you ever went to school, they make a lot of sense.

    So What are saying you empty headed. Mamina m’mutu basi

  14. Tiyeni tichilimike anzanga kuwerenga chifukwa chakulatu apa ndikusamvetsetsa zomwe zayankhidwa ndi Kasambala mukusimikiza kwake kuti Mikayele Mutambo asazenge mlandu wake. Ambiri tingowonesa chidani chathu ndi Raphael Koma tikukanika kusinja zomwe iye wanena.

  15. Please nyastimes post this story in Chichewa language so that those of us commenting here should understand well. Inenso kumva kwanga movutikira Kasambala is trying to tell the judge that CASHGATE started earlier than the SHOOTING as such he finds the judge leading the prosecution team that shooting revealed cashgate at the capital hill. First things first. The judge was just supposed to listen what is presented to him rather than him doing two jobs in this case prosecuting and judging. I do not like Kasam

  16. Oyamika says:

    Anjalayamalamuchiuno, the one who is emotional is the Kasambara guy here. This is typical of an accused person who is representing himself. Mr. Kasambara beinga learned lawyer is supposed to know that when one is dissatisfied with factual or legal findings of the Court, the way out is to appeal against the finding and not to attack the judge’s objectivity. Since he has chosen the emotional path himself, and not the legally logical path, the comments are supposed to be emotional too. Just enter your defence baba.

  17. Maximum Prison says:

    Michael Mtambo is a judge and knows what to do with such kind of crooks!. The more you frustrate him the more you are putting yourself in an awkward situation. the clock is ticking Maula is waiting for you Kasambara.

  18. Njalayamalamuchiuno says:

    Most comments here are done out of emotions and therefore fall short of logical thinking. No comment has counter argued on what Kasambala has presented apart from name calling and wishful thinking. Let us resist the temptation of commenting on issues we have little knowledge about for we shall be confusing ourselves and the public at large.

  19. Kuba ndi kupha nkumati muzibisalira ma technical legal jargon. Wakuba ndi wakuba basi! alowe ameneyo akuchititsa manyazi this noble proffession…mbava!

  20. You’re a big liar Joseph Banda. God can not use this Mafia to clean up any system.

  21. Humphrey says:

    Let The Law Take Its Action

  22. Kape Ntata says:

    Kasambara ndi mkazi wake ayenera kuphedwa , zigawenga zimenezi zikutizumzisa ife M’Malawi muno. Mkaziyo ankadziwa kuti chi mafia chi chikosolola komanso chimapha anthu , koma iye amangoti nabola ine ndi ziphaka bho . Zosonzo ndizigawenga zouma mtima basi . Agaluuuuu

  23. Guley says:

    There has to be a motive for Mphwiyos attempted murder. so just like the maid disclosed, the 2 cashgators met befire the shooting

  24. Kummwela says:

    A Da Kasambala, mukuwonetsa ukatswili pakuwadoda ma Judge a High Court,koma dziwani kuti law mukunjanja nayoyo,anzanuwo akugwilitsa ntchito yomweyo. Michael Mtambo, si Judge watsopano, akukwidzinga ndi dzaka zingapo. Wasewela ndi the Kachale’s, now you want to mess around with Michael Mtambo. Dikila watsala madzi amodzi. Maula ikukudikila.

  25. bwampini says:

    kundende kusamakomere anthu osauka koma onse omphwanya malamulo. Mafiayayu akalowe kuti ena asiye zifwamba ndi kuba ndalama za anthu amisonkho osauka. Chiyambi chonse ndi cashgate. Akuluokulu adati moto sufuka popanda utsi

  26. GRM says:

    Mwati apulumuka? Ameneyi wakumana naye Judge wanzeru zoposa. The judges will judge using both our wishes and their brains. TELL ME WHO HAS WON CASHGATE OR CASHGATE RELATED CASE? Muli mmadzi bwana mungokonzekera ku Maula

  27. Davis says:

    Amangidwe basi Ralph yo

  28. Mbanangwa says:

    Judge Mtambo has goofed, Kasambara is trying to school him but he can not see and hear the facts. Next time, Kasambara will sue you judge Mtambo. Just wait. You have spoiled the whole case. Ignoble judge.

  29. makwinjaishmael says:

    Ngati kuli kumangidwa Kasambara amangidwe pankhani yofuna Kupha koma ngati sakukhudzidwa ndikupha let him go home free cose palibe wangwiro pankhani yakuba. Ma president onse akumalawi kupatula kamuzu ndimbava zokhazokha. Akanakhala kut ma president athu samaba bwezi kumalawi tili ndi mavuto ochepelako.
    Achina Kasambara anayamba kuba ataona kut mabwana awo amabanso. President amene sanabeko muulamuliro wake kuno kwathu aimike Dzanja!.

  30. half man half biscuit says:

    Nkhani ili apa ndi yoti kusagawana bwino loot ya cashgate kunachititsa kuti kasambara ndi gulu lake liombere phwiyo. Mulandutu wa murder sunayambe. Choncho a kasambara musayambe kunhenjemera. Ukayamba mlandu boma luchita prove kuti kyomberedwa kwa phwiyo kunali chizindikiro choti cashgate yakolera. Judge mtambo afinyeni anthu amenewa.

  31. Malawian says:

    too much bias against those we hate – no wonder our nation is the poorest. this judge & haters have judgement already. May Almighty God bless RK with more wisdom.

  32. Shebex says:

    Some people; why do you coment on things you very little knowledge? Its about facts and not presuppositions. Nkhani imakambidwa mukhoti osati zokumva kapena kuganizira

  33. Kicks of a dying dog

  34. Dpp says:

    Kukutentha bwanji

  35. MSANA WA PETURO says:

    The hands of this judge have also been oiled with the 92 billion fro Mathanyula. Don’t trust Malawian diso pandalama judges. If u disagree with me, well flash back and study verdicts in previous cashgate cases. Ena 3 years because of political connections, ena 9 years…..uuuu!!! Kaya zanu izo. Mathanyula has already given a written judgment which convicts Kasambara. Ife zathu phee.

  36. chindaxi says:

    Let’s have the evidence!!!!!We need evidence osangoti wawawawawa pamlomo panupo

  37. tiyeni nazoni says:

    The country want to see kasambara in prison ..thats it

  38. Kodi paja nkhani ya Cashgate inatha bwanji? Ngati sinathe kodi ma Big fishes anagwida? Ngati sanagwidwe mukudikira chani kuwagwira?ngati ndi Umboni mukudikirawo kodi umboni wa sithole munawutenga kuti? ngati ndi Cash yomwe anali nayo mu possession munadziwa bwanji kuti ali ndi Cash in possession ndipo ina anabisa mu teddy bears?
    Ngati ndi tip-offs amene anakupangani tip-off wo bwanji sanapange tip-off ma big fishes? I need an answer by 2moro morning

  39. phwado says:

    Mphwiyo is also involved in cashgate.Let him tell why he suspects he was shot for.Amadyetsa ma million ku gambling,mkazi wake amapita ku sikelo ku rsa……..Shit!

  40. Nkholopanja says:

    Anzako akatanganidwa ndikupolama iwe tanganidwa ndi kusuzumira.

  41. truuuu says:

    I m not a lawyer buy I see some sense in what Ralph is saying. Judges work on evidence tendered in courts.

  42. CHIVWIMBO says:

    Excuse me, let us be genuine in our thinking. Mr Kasambara is presenting facts which can only be opposed by other facts here. His reasoning is clear here and makes sense. Bring facts to oppose him and not just mentioning maula or ndende whatever. Let reasoning outweigh your emotional thinking. Facts are facts, and facts are stubborn.

  43. Kwangwagwa says:

    Next time sue the judge for ill positioning himself as a prosecutor instead of a judge.

  44. Dk says:

    Kodi a Raph, amayi akufunikabe to testify? Mumazitengera chibwanatu nkhanizi abwana.Nanga siwakundende uwu.Za umafiazo a mtambo anadutsamokale ali misinkhu yanuyotu, wafabasi iwe.

  45. nganga says:

    Ralph usatibowe get ready for prison

  46. ndagoma ndidziko says:

    Lets follow the case step by step. What kasambara is against is the introduction of issues not in the case but being introduced by the judge. The judge is leading the prosecution by so doing. Every one has a right to a fair trial. Am not saying he did or did not conspire to shoot mphwiyo.

  47. Evidence yoti ali ndi ndalama za magazi mupite cha ku Kazuni uko mukaone about 19km Kasambara farm…what for?

  48. SHAKA says:

    @ FOMBONI AL HILAL
    KAYA WHETHER IT IS YOUR REAL NAME OR NDIWE KASAMBARA OR WHATEVER YOU MAY BE CALLED BY YOUR PARENTS , YOU STILL REMAIN A SUSPECT AND ANYWAY YOU HAD A HAND IN MPHWIYO’S ATTEMPTED MURDER. YES, YOU CAN FOOL US BUT YOU CAN’T FOOL ALL THE PEOPLE ALL THE TIME.
    MULUNGU SANASANKHE IWE KUTI UDZAKHALA OCHENJELA MPAKA KALEKALE AYI. BY THE WAY KUNALI ACHINA KWACHA GAMBI ALI KUTI ?MBALE RAPHAEL AS YOU PROUDLY CALL YOURSELF, DZINA LA MULUNGU SILIDZAKALANSO NDIWINA MAKAMAKA NDI MUNTHU OLENGEDWA NGATI INE NDI IWE AND THAT IS WHY YOUR DAYS TO ‘HELL/GAYENA ‘ ARE GETTING CLOSER DAY BY DAY

  49. Chikopa says:

    The Judge is absolutely right. Inu a Fomboni mutichani? Kupanda Mphwiyo kudzola machaka sibwezi kuli mawu oti “Cashgate”. You and Kasambara must not deny kuti si nsete pamene mukutuluka ku chimbudzi.

  50. John says:

    KASAMBARA SHOULD BE SERIOUS. HE SHOULD STOP SHOUTING AT JUDGES SIMPLY BECOZ HE SEES HIS CHANCES OF WINNING THE CASE TO BE REMOTE AND NOW HE WANTS TO USE MAFIA TACTICS TO INTIMIDATE JUDGES.

  51. BigMan says:

    Things have fallen apart for Kasambara, la 40 lakwana.

  52. Nkholopanja says:

    Kasambara tsopano.

  53. max nsani says:

    He didn’t say shooting led to cashgate! The shooting led to revelations of cashgate. After the shooting of Mphwiyo, that’s when the questions of the motive of the attempt on mphwiyo started being asked and the revelations started coming out. Cashgate may have started way before that, or the accused may have been a cabinet minister at the time, that doesn’t change a thing. It was the shooting that raised the questions leading To the revelations of looting of public money.

  54. Joseph Banda says:

    Abale, A Malawi let us always see when God has given us a chance to clean up the system. When I read another article on the same about Mtambo refusing to recuse himself , there were many accusing Kasambara while heaping praise on Mtambo. I want to agree with No. 17 above that the case is about shooting and not cash gate. I want to agree with kasambara that may be the judge failed to get anything for accused 4. He then went into arena to sound fine for no legal minds.

    I even failed to understand when the judge refused to grant Lutepo costs after he himself acquitted him stating that he (Lutepo) had another case of cash gate. But why did he acquit him if he he was also answering Cash gate.

    For us Christians, today we are cerebrating the coming of the Holly spirit in our hearts. God has always used the people whom we think are Sinners to Clean up the System. Probably it is God wanting to clean up the Judicial system in Malawi by subjecting Ralph Kasambara through this. Probably God has chosen him to help clean up the judicial system as he is not just an ordinary person. Who can stand up and accuse a judge of bias and mixing of facts in Malawi without being jailed for 14 years.

    Ralph Kasambara has been a successful practicing lawyer for a long time. He has combined the posts of Attorney General and Minister of Justice twice and Minister of Justice once. He was a minister and attorney general when the late president was creating political cases through the Director of ACB. These cases were finding the same judges he is meeting them today. You heard of the late president directing Gustavo Kaliwo to harass Muluzi. This was the time Kasambara was occupying that post. The Jumbe’s went through the painful ordeal through the system.

    I pray to God that Kasambara should help Malawi clean up the Judicial system in Malawi. It is God doing His usual job of helping His people.

    THANK YOU MR. RALPH KASAMBARA UNKNOWINGLY FOR ACCEPTING THE INVITATION OF GOD TO HELP CLEAN UP THE SYSTEM.

    Stay blessed.

  55. chindere says:

    Ralph Kasambara is nothing but a crook” late Bingu wa Mutharika at Trade Fair Grounds in June 2011

  56. losco says:

    This judge should not proceed this case coz justice will not be seen as Mtambo has really shown his side.

  57. mbata says:

    hmm. for this is right time&one who judges others to be judged bravo MTAMBO a kasambara wants to do judge shopping. how could we trust judge who has biased to him to neutral. He is only trying to buy time with his dirty tricks. HOW did he want JB to be hi

  58. Jimmy juga says:

    Kaya wina afune asafune kuombeledwa kwa phwiyo kunavumbulutsa za cashgate.

  59. straight Talk says:

    Kkkkkkkkkkk lo. A Kasambara mulandu omwe muli nawo ndiwofuna kupha phwiyo. Mmalo molimbana ndi umenewo mukufukula wobanso ndalama za boma. Koma mmene munthu amamvera kuwawa akavulala inu mpaka kulimba mtima kukonzo chiwembu kuti muchotse moyo. Inu ndiwofunika zake zambiri in prison

  60. true says:

    kulibe kugula lawyer aliyense amadziwa kuti kasambala amasankha ma judge oti aweruze milandu yake this time zavuta .koma kuyambana ndi judge ndi kulephera bwana slow down mumufunatu ameneyo

  61. Kadakwiza says:

    Malawians are watching very closely

  62. Kaphulika says:

    Kasambara yomweyo! kuti wa wa wa

    Up up Kasambara, down down judge Mtambo

  63. ma plain says:

    Kwako kwatha GALU iwe,umaona ngati Malawi ndiwe wekha,nyapako wamva? Ukafela ku ndende.Galu#!!!

  64. fomboni al hilal says:

    A Mtambo zomwe akunana Kasambara ndi zowona. Nkhani ili apa ndi yakuwomberedwa kwa Mphwiyo osati cash gate ayi. Tsopano inu zokuti kuwomberedwa kwa Mphwiyo kukukhuzana ndi cash gate mwazitenga kuti? Inu kwanu ndikuvetsera mulandu mopanda kutenga mbali osati kukonzetsera ngati mwawona kuti oyimira boma sanafotokoze momwe mumafunira kuti zivekere. A Malawi ambili tikuganiza momwe inu mukuganizilamo koma ndizopanda umboni. Koma inu pokhala oweruza sibwino kuyendera momwe anthu akuganizira ayi, koma muyendere mfundo zomwe zikuperekedewa pamulandu. Apatu Kasambara akunena zowona zikuwonekelatu kuti ngakhale mulanduwu siwunathe inu chigamulo muli nacho kale. Mphwiyo mwini wake sananene kuti anamuwombera chifukwa cha cash gate nayenenso cash gate ikumuwopsya inu ndiye mwangolumikizilatu apatu mwachoka pa oweruza mwakhala ofuna kumangitsa munthu.

  65. Bwampini wa Muthanyura says:

    “This case will go nowhere.” -Ralph Kasambara SC (2013)

  66. ine pano says:

    kicks of a dying horse

  67. mbuyuni says:

    Our laws are straight forward for poor people, like those stealing chickens.

  68. Leveleve Nampwache says:

    Ukafera ku ndende galu iwe!

  69. CHEKUCHEKU says:

    Kasambara U Can Say Whatever U Want But UMANGIDWA BAXI! AKUTERO A MFUMU A CHEKUCHEKU.

  70. watchdog says:

    Iwe Kasambara umayesa kuti nzeru zakozo zachulukira?ukukanika kuvomera yet you were one of Mafia leading team to silence Mphwiyo!

  71. kamale says:

    Since when did criminals start choosing who to preside over their cases?? Judge, don’t be distracted by this idiot nail him harder!

  72. koma says:

    Kasambara may want to look clever but nooo ur game is over buddy this one has to take u behind bars. U claim to pray verses mbweee but u r nothing but a waisted crook n mafia. Akumange basi stop zokoka nkhani in the name of buying time. You should go ku Maula iwe.

  73. change goal says:

    ” he is a crook he is a crook ” bingu informed us sometimeback hahahahahahaha

  74. Angoni says:

    judge shopping yavuta!!

  75. chinena says:

    Even if u catch someone red handed in stealing/ fornication or murder they will defend themselves and find loopholes in the charges against them in order to avoid jail term, this gimmick is just to intimidate the Judge, but the Judge is well experienced to succumb to these antics!

  76. Pepani says:

    Koma Judge uyu akumalizani bwana. Nanji nanji mukufuna mumuonetse kuti samatha apo ndiye mwayambana simuzagwirizanaso. Best judge and best lawyer, tiye nazoni.

  77. king kunta says:

    raphael tryn hard to get a corrupt judge on his case but nooooooo t wont happen.mtambo will send u to the dungeon nde jst get prepared maula awaits

  78. Alungwana says:

    Phwiyos shooting didnt lead to cashgate. Cashgate was there during Bingu

  79. councillor says:

    well done kasambara, school the judge

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