Third accused person in the conspiracy to commit murder of former budget director Paul Mphwiyo, Ralph Kasambara has asked for the High Court to consider reinstating his bail after the court made a motion to have his bail revoked last year.
Making the plea through a motion in court, Kasambara complained that since the revocation of his bail, the trial has never been fair as the state has been intimidating some of their defence witness and also having it difficult for them to have a legal requirement to meet with their witness before they testify in court as others are in Blantyre while he is in Zomba and Macdonald Kumwembe in Lilongwe.
He said at times due to mobility problems they fail to meet their witness with other witnesses demand transport to meet them and they can’t provide transport while in police hands.
He also thanked the court for issuing order for them to meet with cashgate prisoner Oswald Lutepo at Chichiri Prison though he complained that they were given very small tiny room and as per requirement that says they should meet in private due to walking challenges of Lutepo.
He said they met Lutepo, who was witness of truth testifying on Wednesday, in the presence of two police guards which is against the legal requirements.
Kasambara said it’s his wish too to have the case concluded in time as soon as possible but that will be not possible with them behind the bars as the delay is inevitable as some witness continue to withdraw after state intimidation and they need to meet them before court .
He prayed to court that if indeed they were to be punished they have been punished during the four months and two weeks they have been on remand since their bail revocation.
Kasambara also complained to court that for him to finish his defence he earlier on asked the court to allow him have an access to his laptop and Internet for research but even though the order was made by the court, the state is failing to comply with it.
He also told the court that the bail will help him to have easy access to medical attention to hospital during break as that can’t happen now since they use prison car which is difficult to rush to hospital for check up.
In his ruling , Judge Michael Mtambo has again ordered the state to obey the court order and give him the laptop whilst in police hands but warned him it’s for research and others not for Facebook or any social media networks.
Mtambo has also ruled in favour of the state who asked Kasambara to put the motion in wiring for them to respond before the judge make his determination on the matter.Follow and Subscribe Nyasa TV :