Kasambara’s judgement still unavailable: Mtambo sets sentencing date August 22

In what seems like in “A Most Wanted Man” conspiracy movie by Philip Seymour Hoffman, Justice Micheal Mtambo’s epistle that convicted former Minister of Justice Raphael Kasambara is strangely unavailable.

High Court Judge Michael Mtambo: Refining judgement

High Court Judge Michael Mtambo: Refining judgement

Kasambara: On remand at Maula Prison

Kasambara: On remand at Maula Prison

Various sources have confided and collaborated that it is unusual for a judgement of that magnitude not to be available on both hard and soft copies for critique, further analysis and scholarly fan fare.

Mtambo last week convicted Kasambara on charges of wanting to kill ex Budget Direcror Paul Mphwiyo.

Kasambara was sent to prison on conspiracy to commit murder together with two others, former Malawi Defence Force (MDF) soldier Macdonald Kumwembe and businessman Pika Manondo, The trio have since called it “miscarriage of justice”.

It is alleged the Judge read from his long hand for the amount of time given in this case and could be seen on TV struggling for some seconds to make sense of pages.

“The file for the matter is not available at Lilongwe registry. The Judge travelled with the file; apparently he could be writing the judgement in Blantyre after delivering the judgement. Chances are that after some public sentiments, he could alter one or two of his inconsistencies,” a judicial source said.

Director of Public Prosecution Mary Kachale said she also has not copy of the judgement and referred Nyasa Times to court registry.

Last week the lawyers wanting to appeal the matter for the trio did not succeed in accessing the file and judgement.

It remains to be seen when it will be made available.

Already many legal and social commentators have thrown doubts on the basis of the judgement.

The feud between Mtambo and Kasambara is well documented and emotions were clearly observable during trial.

Summarising comments from all corners, one word this can be called a “mistrial”

Meanwhile, the Kasambara, Manondo and Kumwembe  will be sentenced  on August 22, 2016.

Judicial Spokesperson Mlenga Mvula confirmed, saying both the defence and the state is expected to make its final sub-mission on August 15, 2016.

“I can confirm that Kasambara, Manondo and Kumwembe will sentenced to jail on August 22”, said Mvula.

Meanwhile, Kasambara has vowed to appeal his conviction at the Supreme Court of Appeal, saying Mtambo court trial was “ staged”.

Kasambara , now a private practice lawyer and senior councel (SC) served as Attorney General and Justice Minister in the Joyce Banda administration and the first term of former president  the late Bingu wa Mutharika.

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26 thoughts on “Kasambara’s judgement still unavailable: Mtambo sets sentencing date August 22”

  1. Surely says:

    Komatu kuno ndi Kunja. I feel sorry for Mtambo and Kachale.
    You guys you know exactly that there is miscarriage of justice.
    You may succeed in your plans but know you have children.
    You may never get the revenge but you don’t know what you are doing to your children and children. It may feel good now, but one day your children may have to suffer the consequences of this. That’s selfish. Do not only think of yourselves, think about your generation. I strongly feel you people have no peace.

    I have never liked Mr Kasambara but I have followed the story and am not convinced there was a strong case to convict him.

    For the sake of your generation do what is right. You have the chance to do it now.

    1. nancy says:

      get a life kasambara sympathiser the guy should rot in jail idiot

  2. World\'s Last Chance says:

    It is a known fact that Mr. Mtambo has issues with RK, nde all this time he has been looking forward to a day when he could upset RK. Unfortunately he has tried it on court case that lacks substantial evidence nde mmmmmiwavutapo akuluwa.

  3. citizen says:

    I do not thing there is anything in this reporter concerns about judgment copy. I personally, had a court case whose judgment copy- hand written took 2 months to be accesses. This case had dragged for years and justice has finally come out and prevailed. The reporter needs to declare his interest if served with the hard or solid copy, or liquid copy or which ever form. This is Malawi Court justice delivery system. There is nothing special in case.

  4. Chakwera Boma says:

    right now

    Kasambara (Tonga)will die in prison – fine. That is what Mtambo and Kayira (tumbukas) want – okay!

    But from now till the end of times no tumbuka will be president, vice president or army commander of Malawi. Ndinu wanthu wankhanza wosakhululuka.

    If you can go that hard ndi ujudge, what if you were commander in chief of armed forces. Would you not send tanks to bulldoze and wipe out all of Kasambara’s village?

    A Chakwera kapena a Saulo lamulani dziko la Malawi, the whole of Nkhata Bay will support either of you.

  5. [email protected] says:

    The reporter should is very ignorant about court system. Sentencing is not done on the same day. The fact that the judge will deliver his judgement on 22 August means that on that day the judgement will be available. It will also be at that time when Kasambara can appeal. So there is nothing unusual about this. The reporter should ask if he is not sure. Otherwise he is showing his ignorance. Umbuli even among reporter.

    1. Wakama says:

      Peter, the judge was supposed to file his judgement with the registry as a reference material for the appeal of the case and also future cases. I’m not an expert but believe this is what is supposed to be done.

      1. gringo says:

        wakama,judgement has not been delivered , so the issue of filing judgement with the registry doesnt arise.this observation of failure to file judgement should come after 22 August .period

  6. The Analyst says:

    O……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..O
    Yes it may be unusual for a case of such magnitude (whatever this means) to have its judgement unavailable, but is it illegal? No. Truth is . . .
    . . . Mtambo is a learned judge. He knows what he is doing. And he knows the kind of people he is dealing with (crooks)! As such, the unavailability of hard or soft or liquid or gas copies of the judgement, should not surprise anyone. Moreover, anyone can watch the video if indeed their complaint is genuine.
    . . . Ralph is known, by his drum-beaters; as a smart lawyer; koma Mtambo is even smarter, and the unavailability of the copies, is deliberate. rat is never often smarter than a cat, olo mutakhala mum’dima.
    ……………………………………………………………………………….
    Moreso, the reporter is seen trying to buy public sympathy with such words as . . .
    . . . ” . . .the judge was seen struggling to read the judgement . . .”
    . . . “. . . this can be called a ‘mistrial'” e.t.c
    but as some of us have already said, this message could be better saved for the appeal process. Otherwise, a message delivered to a wrong audience (people who cant do anything) is of little or no use.
    ……………………………………………………………………………..
    . . . And as to why the reporter keeps highlighting only the opinion of those (doubting the basis of the conviction), and chooses not to tell us what those in support of the conviction say; only him/herself knows.
    . . . But its an indelible mark of professionalism (in journalism) to balance opinion of independent observers. Otherwise, not all people are sympathising with Kasambara or his friends in crime.
    O……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..O

    1. manondo says:

      he he nice

    2. Angella wa ku 47 says:

      Words of wisdom
      “A message delivered to a wrong audience is of little or no use” – Analyst
      “Its an indelible mark of professionalism in journalism to balance opinion of independent observers.” – Analyst
      Keep up Mr The Analyst. I learn a lot from your thoughts.

      1. The Analyst says:

        Thanks

  7. mjiba says:

    It is difficult to prove conspiracy to commit murder because the accused persons try all their best to conceal their footprints and connection to the offence. What is obvious is that a man of P’s character knew what was going on around him regarding theft of government money. He knew how he was making/snatching deals from other criminals in the game, he knew how the three accused persons were connected to the deals, he knew the discussions he had with R on the threat level he faced for the deals he had snatched away from fellow criminals. What he knew was that R was to benefit from the snatched deals, R knew the other criminals, he knew the threat to P, he conveyed the threat to P. Therefore James Hadley Chase, R knew that P was to be killed, P Knew he Knew the criminals. To protect their interests, A hit was ordered, R is a part of the conspiracy. The Judge has to believe so with his experience, knowledge of criminals, demeanor of accused persons and other circumstances taken into consideration.

    1. nancy says:

      Get a life

  8. Trump says:

    Ine kumva kukoma kobasi. Mtambo simunthu wamaseweratu. He’s a Doctor of Laws obtained from the UK…….Doctors don’t read documents as if they’re reading the Holy Bible……..those of you who have attended his lectures will bear testimony to this. Kasambara avundira muprison ndithu. Sangafune kupha Paul Mphwiyo.

  9. It is obvious Kasambara and friends were responsible for the Mphwiyo shooting but the evidence in court was not enough to convict these people. They will win when they appeal and they will be free. However the fact that they were the people behind the shooting will never change. This is how people with names escape prison

  10. Psyutah says:

    Asiyeni atsotsolane. Akudziwana. kkkkkk !!!!!

  11. Maunisi says:

    This is completely injustice to Kasambara. Rubbish judge

    1. smart says:

      A Mtambo mukuwonetsa umbuli apa…..akutumani eti…

      1. November Rain says:

        Mbuli ndiwe. Mtambo has a PhD. He is a high court judge.
        Iweyo uli ndi chani? Ndipo ndiwe ndani? Nalimata ngati iwe!

        1. zoona says:

          Let us not fault Mtambo RK must try his luck at the Supreme Court. Mtambo made a ruling according to how he analysed the facts presented to him. Judge Masipa in RSA was over ruled by the highest court based on the facts of the matter. The prosecutors in RSA have again vowed to appeal Masipas sentencing. This is how things work. Let us just wait for the court system to deal with this issue. Mtambo whether right or wrong we cant say because we are not the supreme court. People have been found not guilty in UK or USA after being in orison for 23 years. Only the court system will settle this. PhD yes but its not relevant in this case an LLB is adequate. Judges have latitude to decide cases in the way they understand facts presented and backed by evidence. so let us not demonise Mtambo nor should we conclude that because RK has no right to appeal. Athana ku court komweko.

    2. November Rain says:

      Rubbish is your brain which makes you sympathise with evil men.

    3. triple c says:

      Kasambara ndi mfiti period!!! he even made government lose a lot on money when he was in power. which he benefitted

  12. Trendex says:

    THE SAME YARDSTICK YOU JUDGE OTHERS WILL BE USED. ILI NDI DZIKO A MTAMBO NDI FIANCEE WANU MARY KACHALE.

    1. Mapwevupwevu says:

      Fakeni all yo Rough Kasambara’s stooges! He will fry in jail!

      1. nancy says:

        Also a ku ndende educated fool Adele Konko

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