Kasambara wants Judge Kachale to remove himself in money laundering case

Former minister of Justice and Constitutional Affairs Ralph Kasambara who is facing money laundering charges is asking High Court judge Chifundo Kachale to remove himself from presiding the case.

Kasambara: Wants judge Kachale to recuse himself

Kasambara: Wants judge Kachale to recuse himself

Kasambara has written a letter addressed to the registrar of the High Court Lilongwe Registry, dated April 9 2015 copied to the Director of Public Prosecution (DPP), saying DPP Mary Kachale cannot prosecute a matter before her own husband without offending the rules of natural justice.

The letter reads in part: “justice of the matter would require that your Lordship recuse yourself from hearing this matter that is being handled by the Director of Public Prosecutions who happens to be your wife. It is trite law that justice should not only be done, but seen to be done.”

Justice Kachale has since asked Kasambara to “to submit a properly prepared application for the State to respond on the same.”

He said Kasambara’s allegations should be supported by evidence in affidavits before he makes a determination on April 29.

In his ruling on a similar application in a case involving former minister of Finance Friday Jumbe and two others, Kachale said throughout his judicial career, his wife, Mary Kachale, had served in the office of the DPP apart from a brief stint as chief legal aid advocate.

Said the judge: “As a matter of prudence and principle, my court has never handled a case in which she represented the State or anybody as legal aid advocate for that matter.

“In this era of gender equality, it is quite surprising to find someone seeking the kind of restrictions that are being proposed by this application on a couple whose professional careers happen to straddle different sides of the criminal justice system.”

The State is being represented by hired prosecutor Enock Chibwana and Anti-Corruption Bureau (ACB) deputy director general Reyneck Matemba.

Kasambara, Pika Manondo and businessperson Oswald Lutepo are answering on money laundering involving K785 million and obtaining money by false pretence.

In count one, Kasambara, Lutepo and Manondo have been charged with conspiracy to Section 35 (i) (d) of the Money Laundering Act.

Count four has Lutepo, Manondo then Kasambara and lawyer Wapona Kita trading as Ralph & Arnolds Associates charged with money laundering involving K55 million.

The charge for count three reads: “Raphael Kasambara, Oswald Lutepo and Pika Manondo between 26 July and August 2013 at Standard Bank Ginnery Corner Branch in the city of Blantyre, acting in concert and furtherance of a common unlawful purpose, each or the others or all of them had in their possession proceeds of crime, namely seven hundred eighty five million one hundred and five thousand kwacha (K785 105 000.00) which they knew or had reason to believe represented in a whole or in part directly or indirectly money stolen or unlawfully obtained.”

The other accused persons are Fletcher Kaizo and civil servant Roosevelt Ndovi.

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chims
Guest

Is Kasambara the only lawyer that can manipulate Malawian laws? why only him creating judicial turmoil that the whole nation can bow down before him?, he must know that he can cheat, kill and threaten sometimes but not all the times.Justice will be brought to him one day and he will regret living educated salvage life.God is watching from a distance untill he watches from nose and mouth.

pwt
Guest

mai inu tafika kumapeto ankhani asatitayise nkhani uyu, akuwona kuti simukumpatsa mpata alowa nkuona akuti muleke afuna apeze waziphuphu mnzake, tiyenayeni akalowe basi. mbava izi, kumaoneka ngati ophunzira ogwira ntchito koma muli mbava. komagula magalimoto ndalama zokuba, zisiyana chani ndi wosauka koma wodya zake? no hide u deserve unyolo! mai gamulani nkhani and massive osonyengerera angakuipisireni mbiri.

Angozo
Guest
Law is the stupid profession where facts and truth are distorted by perceptions as such apa palibe khani did you stole the money no then case closed but by look of things at last these kasambaras will get compesated as there names have been put in disrepute as they claim all the times as Billy kaunda said and i quote ” kodi wanyerea apa ndani the person question will say i dont know but kodi lawyer wanzeru ndi ndani muona 50 akunena ine ine ine “so i think we should now start using logic when doing our judicial cases…..i rest… Read more »
kamwera
Guest

palibe zimenezo kasambala
mulandu upitirire basi
inu mukuyimira bwanji mulandu wa cashgate inu muli mukuyimbidwa mlandu womwewo
inu mukanadzichotsa kaye wosayimiranso mlandu
zashulushana basi
judge kachale go on and conclude the case

malawian
Guest
Mr ndovi was charged with theft by public servant and money laundering and unlawful possession of foreign currency. When he was arrested on 30th sept 2013, we the state want to see the state producing credible evidence(audit evidence) provided by either the national audit office or office of the auditor general or the central internal audit or the forensic auditors ….the properties he has are of his business with his wife The evidence that is required on this case among others would be ..the one who approved the documents that were used to prepare the fraudulent payments, the three senior… Read more »
Blessings
Guest

Kasambara Is One Of the pple who drafted the laws of malawi hence he knws weaknes of these laws thats y he is playing around till he will b a free man.

Garu Wa Garu
Guest

Kasambala is right. Akazi akumva kukoma ku chipinda amunanso akumva kukoma ku chipinda. Pali chilingamo pamenepa. Most of the judicials are Atumbuka. How many Kamangas are there? Just to mention one. Give a count. I TOLD YOU BEFORE THAT JUDICIAL IN MALAWI IS CORRUPT. Chikopa, khani ya laptop inatha bwanj? Ziiiiiiiiiii. Zautsilu. Courts in Malwi have lost respect.

MATAKO
Guest

If it is a matter of case law why di the government not hire outside lawyers to deal with this case? I smell a rat if you asked me. A government that is hell-bent to prosecute in any which way possible. I wonder when this corrupt clueless DPP government will start the investigation of the swindled MK92 billion.

Chembe
Guest

Kasambala is right on natural justice thing. But from on set the judge,dpp and Kasambala knew this was a no no in legal circles and waited this long to accomplish their agenda. Wake up people Atcheya beat the system and you want to say this dpp can beat Kasambala at his on game!!!

Kenkkk
Guest

These cashgate cases should have been presided by outside judges not Malawian ones. All Malawian judges or lawyers are one way or another connected or linked to these cases, In other words there is a web of too much conflicts of interests throughout the Malawia judiciary starting from the attorney general, the dpp, kasambara himself, other lawyers, etc. In any western court this would not have been allowed.

It is too late now to start all over again!!! What a joke out judiciary is!!

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