Kumwembe blasts DPP’s ‘gimmicks’: Says Judge Mtambo has ‘personal vendetta’ with Kasambara

Suspected shooter of former Ministry of Finance budget director Paul Mphwiyo, Macdonald Kumwembe, has asked High Court judge Michael Mtambo to recuse himself from continuing with the case, alleging bias and that has demonstrated to have a personal vendetta against his co-accused person, former minister of Justice and Constitutional Affairs Ralph Kasambara.

Kumwembe: DPP is playing gimmicks

Kumwembe: DPP is playing gimmicks

In court affidavit seen by Nyasa Times, Kumwembe, a former Malawi Defence Force soldier, has included a letter dated July 10 2015 addressed to senior deputy registrar at the High Court’s Lilongwe Registry and also attached the Judge’s curriculum vitae (CV).

Kumwembe, who was found with a case to answer on charges of attempted murder and conspiracy to commit murder, has also torn apart Director of Public Prosecution (DPP) Mary Kachale for what he called applying “cheap solution” to apply to court for revocation  of his bail.

He wants Justice Mtambo to recuse himself from the case, saying he does not want to be caught in the crossfire of the alleged personal vendetta between Kasambara and the judge.

Again, from reading your CV, one gets the impression that you have a personal vendetta or fight with a fellow lawyer, Raphael Kasambara, who also happens to be one of my Co- Accused persons in this matter.

Kumwembe cited Judge Mtambo’s CV which indicates that he volunteered to represent an impregnated woman who sued Kasambara when he was Attorney General, when all lawyers were afraid to take on a senior government official – the client believed not to be in UK lost the case.

The shooting suspect accused Judge Mtambo of misrepresenting facts and presenting himself as “a modern day Robin Hood” in as far as the dealing of Kasambara are concerned.

“Now, to the extent that I am jointly charged with him [Kasambara] in a case of conspiracy, I can easily see myself being convicted simply because of the bad blood between yourself and Mr Raphael Kasambara. With all due respect, I do not want to be collateral damage in the personal professional warfare between your Lordship and Raphael Kasambara,” reads Kumwembe’s letter submitted to court.

Kumwembe said he do not want to be “collateral damage” in the personal professional warfare between Judge Mtambo and Kasambara.

Kumwembe says another ground calling for Mtambo’s recusal is that the judge allegedly requested for additional security to escort him to Blantyre when he delivered a ruling that Kumwembe, Kasambara and Pika Manondo had a case to answer.

Top prosecutor Kachale told the court that the case was experiencing “mafia like antics”.

But Kumwembe has accused the State led by Kachale of making “pathetic” allegations without any basis.

In his affidavit, Kumwembe accuses Kachale of playing “deliberate gimmick “in seeking his bail to be revoked, saying the application is not made in good faith but as a “countervailing measure” against his application for Judge’s recusal.

Kumwembe also accused Kachale’s attempt to throw into the case the murder of Issa Njaunju of the Anti-Corruption Bureau, saying such assertion is “an irresponsible and unprofessional conduct.”

He said “it is another red herring dropped into the present case to create a negative picture of my co accused and myself so as to attract negative publicity.”

Kumwembe says in the affidavit that he is convinced that the DPP “deliberately took out this motion so as to scare me away from continuing with my application for recusal of the Judge; and at the same time scare my two Co Accused person from supporting or actually joining me in my aforesaid application.”

He argues that the DPP should have addressed her mind to the right to fair trial, Bail Guidelines Act, Criminal Procedure and Evidence Code and case law on the issue.

Kumwembe further state that Kachale should have been aware that “there was no basis at all for moving the Court for revocation of my bail other than as part of her orchestrated strategy to harass, intimidate and muzzle me as an unrepresented accused person.”

Judge Mtambo is set to make a ruling on whether to recuse himself or not, this Friday.

Mphwiyo was shot outside his Area 43 home on September 13 2013 and his shooting led to mass arrests of civil servants and private sector businesspersons linked to Cashgate.

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45 thoughts on “Kumwembe blasts DPP’s ‘gimmicks’: Says Judge Mtambo has ‘personal vendetta’ with Kasambara”

  1. JCM says:

    kicks of dying horses, mukasewenza nonse!

  2. #MR KACHEPA, you are somehow embecile. Kumwembe says the judge said he should be provided with enough security personnels so that he be safe on his way to Blantyre. This on its own implies that the people he is dealing with are criminals. This statement means he has already passed judgement that these are guilty while it is not true as the judgement has not been done. Malawi ndi wang’ono chochitika ku chitipa chimaziwika ku nsanje. Inu nomwe tikumvani kuti mwagwirira mbuzi kwani.

  3. Alungwana says:

    92 Billion

  4. anadimba says:

    kumwembeyu akundinyasa bwanji? Kodi ku usoldierko anchita retire kapena kuba ndi kuphaku ndiye zinamutenga mtima?ambwiye che kumwembe kuwina mulanndu padziko chifukwa chabodza ndizopanda ntchito.(kasambara ndi iwe muli ndi milandu yaikulu kumwamba)pokhapokha munene kuti simudzafa koma pansi pamtima mukudziwa kuti mwachita zoopsa padziko pano.simu ngazembe kwa Mulungu.lapani lapani kuti mukhale ndi moyo. Lero lomwe lino Mulungu akukhululukirani.

  5. Chimani. Game says:

    Anthukulimbana ndi Anaya.peter muthalika,is stealing mukuwona,basic muligone,kupusa.amalawi

  6. Jasitasi chilungamo says:

    Kachizungu ka recuse katitopetsa kwabasi.Kumwembe with his pea brained,cannot churn out such legal jargons.He only knows how to use a Kalashnikov in a tight combat.Alipo akumelembera zimenezo.Its time these thieves and murderers were locked up.

  7. MaiMai says:

    So Kumwwmbe thinks we don’t know RK is writing all this for him? Achimwene kupusatu uku. By hom RK asking you to publish this, he knows chances 80% he will be in prison. I don’t see RK escaping here.

    Zanu izo.

  8. Nyadende says:

    Mbava zimenezi kungopanga nazo mob justice kuziotcha ndimateyala akuzimva sugar kwambiri anyani amenewa akuziona ngati ma celebrity. Its high time these people were taught a lesson or two ana anjoka, enawa already they had enough cash to last them generations koma dyera. Kukonda kudya ngati nankafumbwe. Amangeni akadye nyemba ndi Nachipanti ku Zomba maxi

  9. This thangs they think they above the law and stupid malawian are busy dancing on there tune today they say this tomorrow they say that those are just fooling you and all these ndi Kasambala start kunjata Kasambala yo

  10. Kingman says:

    More fire Mtambo angadzaname

  11. khuere says:

    sure my friend

  12. MALIZANI MWACHANGU IZI ILOWE YA MK500 BILLION…….MMAYESA TAYIWALA…

  13. kenkkk says:

    Things are falling apart.

  14. Kavuluvulu says:

    Leave Judge Michael Mtambo alone. He is a reputable judge.

  15. pyola says:

    Kachale is indeed dealing with mafias. Mtammbo do not badge an inch. To which did Kumwembe go to talk like a learned lawyer like that. We all know its coming from Ralph. A Ralph vimahala vinandi but without moral conduct. Shame.

  16. Ndibwino kuba ndalama zankhaninkhani mu Boma kusiyana kuba nkhuku chifukwa oba ma million ndi ma billion milandu yawo siyikutha ngakhale umboni ulipo . Tonse a Malawi tiyeni tiziba ndalamazo tikakhala pampando wonona . Multiparty awa atibweretsera mbava zomwe zinatchona kale kunja .

  17. MAGOMBO CALVIN says:

    PA MALAWI VIGAWENGA VIKUWINA MILANDU

    BWANJI ??,

    MA LAWYER NDI MA JUDGE WATHU
    MUKUFUNIKA MALISECHE EEEETI ??

  18. najere says:

    aaaaa izi zinandibowa pachiyambi pomwe.koma tipindulapo kanthu?

  19. chidiso says:

    APA TADZIWA ZOONA KUTI A MTAMBO NDI A KACHALE KUTI MZANUYU MUNAYAMBA KALE KUMUSAKA APA ZAONEKERA POYERA KUTI KACHIPANI KATAZINDIKIRA KUITI ALIPO ANTHU A MITIMA YA NDULU YA NG’ONAA NGATI ALIPO KALE READY READY SANABVUTIKENSO KOMA KUKU YIKANI MU POSITION YABWINO KUTI MUMUONGE MZANUYO ZOMVETSA CHISONI

  20. kamuzu says:

    i can get sense in kumwembe’s sentiments despite the degree of the case he is answering. ..the fight between Ntambo and Kasambara should never affect him ,as it standa Ntambo has to reapect thw recusal deal as to avoid questions on the outcome of the final judgement of the case.

  21. Mungete says:

    Judge Shopping iyi – Mtambo walakwa chani? All a long Kasambara and his boys thought are above the law. It has dawned on them that they too are vulnerable. Just defend yourself properly. If Mtambo convicts you, there is always room for appeal. In fact, it is the justice system which is delaying. Malawians convicted you long time ago

  22. Prodigalson says:

    When will this case end?

  23. Mike Tyson says:

    kumwembe is jst a dash board…all ths information is cuming from Ralph kasambala….Kumwembe was jst a useless soldier wa form four ku Barracks…he knows nuthing abt law…..tindalama taku Ivory Coast tinangothela mahule mu Chilinde…

  24. The problem in Africa/Malawi is they judge a person according to status. Some have rights no matter how and what they have done. Too bad. Because the people who has done this are influence people. They protect each other. Why Kasambara be so important and dominent the nation as it s his. Such a person need to put down. It is time to teach people who can not use their education proper down. He is a shame to high education. All those Mpywiyos, Manondo, Lutepo, Kasambala are shame fr Malawi. They are educated but rotten fishes.

  25. peter says:

    Can the judge pass his judgement quickly before we become too angry and execute mob justice to these thugs!

  26. mwana mulopwana says:

    I still smell a rat here it seems Raph is giving Kumwembe all the information, Kumwembe is just a small boy who cant understand issues to do with legal jaggon and it also suprises me that the issue of CV is coming in,we are not interested in talking about someone CV if Mtambo did a pro bono job, it is good for him and that is what creative CV writing entertatins now days, It seems Raph is running out of ideas, let the battle start now

  27. DRAKE says:

    This case has gone personal and judge Mtambo is being targeted by these criminals and Government must not allow this drama to continue. Kasmbara is not above the law, even if he knows the legal system in and out he has to tell the World what he knows about the cashgate and the attempted murder of MPHWIYO. In this case the we have a criminal syndicale in the judicial which is passing information to this group. According to what this man Kumwembe is saying and doing we have a very dangerous criminal on the loose and he needs to be locked up for the safety of ACB, Police investigators and Judges, this man is and can commit murder with precision and can not be detected as far as we can read from his defence utterings, He is a trained killer and the Malawi Mafios are using him now. PLEASE JUDGES LOCK THIS CRIMINAL NOW

  28. Bwande says:

    Kumwembe sukulu yake iti? ya ku MDF yolowa ndi JC yomweyi? Kasambara uyu angokuchedwetsapo apa nkhaniyi simungawine

  29. fuziyawo says:

    Tangowamangani anthuwa asatisokosepo apa.
    WE have more important issues to deal with …poverty, development etc
    These guys must have been party to cashgate and theirs was a deal gone wrong…dont waste our time

  30. Yaya kumudzi says:

    ….A mr kumwambawa akuuzidwa zoyankhula ndi A Ratiel Kasambira..

  31. Blessed Banda says:

    You will still be jailed and rote in jail. Kasambara has brought shame and confusion to the Law profession. He has abused his intelligence to the detrimental of the 16 million people. God is watching and is about to deliver His judgement on you. Satana umantumikirayo adagonja kale.

  32. vwapuvwapu says:

    Munthu walira, Kumawonera patali zina izi. This might be a case of the land, kkkkkk.

  33. Mbiyazodooka says:

    This letter may have been written by Kasambara himself to confuse the matter. Anyway, we are just interested in your conviction and lengthy jail terms so that we have a breather.

  34. Masharubu says:

    Koma Kasambara . Kikiki . The application Kumwembe is making, and the supporting arguments have clearly been prepared by Kasambara . He is continuing to fight Mtambo but this time, he is using his co-accused so as to avoid a public backlash . This is a clear case of judge shopping . Ayamba kunjenjemera naye Mtambo .

  35. Bob says:

    This case is being intertwined and getting complicated how is Njauju’s murder coming in when cops admitted progress is stagnant. DPP check your arguements well or else more taxes will go down the drain.

  36. BENGO says:

    Wanzeru ndani angamasulire chilapi chimenechi?

  37. Nyama Banda says:

    Zilipo

  38. Nasimba Novirhikana says:

    Tiyeni nayo school anyamata: Fees ya makolo iyi igwile ntchito….

  39. Concerned Malawian says:

    mmmh legal batle. zikufunika kumadzitsata zithuzi before u involve uaself.

  40. Dalitso says:

    Mr Kumwembe, what you are showing are kicks of the dying horse. Ever heard of la chi fourty limakwana? Who is Raphael that the whole judge can sink so low not to discharge his duties with ethics of the professional. In fact if there is best moment for the judge to do his duties perfectly to avoid all backlash from people who reason like you thinking that Raphael can be treated as if he is above the law. My advice to you and your fellow friends is to seek forgiveness from God otherwise your earthly knowledge will not serve you. Time up Mr, chouluka chimadzatera

  41. Achimidzimidzi says:

    This is Judge shopping. Kumwembe knows who can replace Judge Mtambo.

    Kodi fairness mukufuna pano koma mmene maba ife fairness simayifuna.

    Zopusa mwayambazo ma donor akudikira mu mangidwe kuti ayembenso kutithandiza ife manatiberafe.

  42. Kachepa says:

    Aaaaaaaa ladies and gentle men,Iam completely shocked!How does information get Kumwembe about lawyer Judge Mtambo kuti he asked for security???
    By the way,do lawyers have to be just left alone like that when dealing with complicated cases like these??
    Iam afraid lawyers wont attend to this case because of protecting lives.
    I have soooo many questions after I read this article above.Iam sorry to say that The Judge is being surveiled wherever he is conducting his doings.
    A Malawi,this Cashgate case,taluza if it is while this government is still governing us!
    Iam really confused.I feel the lawyer is being intimidated.Koma abale zoona many are rotting in Malawian jails without chilungamo being done to them while billion scammers with distinctive umboni woti even achita kunena okha kuti ndinabadi kumene koma kukanika kumumanga munthu????
    So why is Issa Njauju’s case brought in this story??Let us wait,the sac is soon to be out.
    Dont forget,what happened in City Centre on a certain thursday evening kunali kukafutula after fasting the whole day for Issa Njauju’s death to overfloat.
    I can see now the reality is coming!!!!Bola moyo we are waiting God wishes!!!

  43. Nzika yenyen says:

    Amalawi tyen tngozsiya izi, inde ndzopweteka kubeledwa ndalama zakhankhan ngat izi koma mlandu uwuwu chlungamo sichingaoneke chfukwa anthu omwe akukhuzibuawa alind luntha lozwa kupangtsa nkhan yolakwa ngat iyi ndkukhala osalakwa choncho mapeto ake tngotayanazo thawi mmalomottzipita chisogolo tingobuelela mbuyo

  44. Becks says:

    sheeeee koma ziliko. Kachale alimba?

  45. Truck says:

    The problem its not issues that life but you wouldn’t have given Bail all these Cashgate Guys that’s where there is a Mess because once they are on Bail they will start organizing groups to kill you Judges try to wake up Man.Thats common sense kiki!

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