Kumwembe jailed for contempt over ‘Robin Hood’ remarks: Judge Mtambo refuses to remove himself in Mphwiyo shooting case

High Court Judge Michael Mtambo has rejected an application by suspected shooter of former Ministry of Finance budget director Paul Mphwiyo, Macdonald Kumwembe, to remove himself from the case.

Kumwembe:  Jailed

Kumwembe: Jailed

Kumwembe, a former soldier of Malawi Defence Force, asked the judge recuse himself claiming his decisions in the high-profile case could be seen as biased.

The suspect, who was found with a case to answer on charges of attempted murder and conspiracy to commit murder, has also been convicted and sent to prison for four months for contempt of court over statement he made implying Judge Mtambo is a thief.

Kumwembe accused Judge Mtambo of presenting himself as “a modern day Robin Hood.”

The court  deemed the  remarks as demeaning and derogatory.

During cross-examination on his application, Director of Public Prosecutions (DPP) Mary Kachale asked Kumwembe if he understood who Robin Hood was, to which he replied: “I know Robin Hood, he was a judge.”

In communication to the judge, Kumwembe also expressed his discomfort with judge Mtambo for volunteering, in 2005, to represent Rubina Alibaba Kaonga in a case she brought against Kumwembe’s co-accused in a conspiracy to murder case, Ralph Kasambara, when he was the attorney general after all lawyers had refused to take her case.

He claims the judge has an axe to grind with Kasambara.

“From your narration, one gets the impression that you would go out of your way to make sure that Mr. Raphael Kasambara is not seen to be powerful as the public or other professionals see him to be. You present yourself as a modern day Robin Hood in so far as the dealings [with] Kasambara are concerned,” wrote Kumwembe.

But the judge said Kumwembe’s applicationwas not different to what Kasambara had also made “in the recent past.”

Mtambo  has since adjourned the attempted murder case to September 23 and 24

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thumbwe man
Guest

I doubt now if Raphael from one Nyambadwe and not Nkhata is anymore havin sleeping nights. Wanya Ralph wanya. Umamulembela nsilikali chizungu shaaaaaa! Mtambo woyeeeeee! Maliseche alowa mkati Ralph. La 40 lakwana.

Nsena walamulo
Guest

Everybody talks bad of ralph, is it because he is very intelligent above 90% of good lawyers in malawi ndiye nsanje? No way he is mentioned in cash gate, even mphwiyo himself never mentioned him, karonga never, am fro luchenza, kwa namiwa health centre and am educated

Genghis Khan
Guest

Moron, doesn’t even know who Robin Hood is. He probably heard that name being said somewhere and now he’s going to prison for his ignorance.

Munthuwamba
Guest

So, this is the same Kumwembe who we read had been fired in the MDF for his involvements in armed robberies?? I thought he had changed. Anyway, as they say, he is innocent until proven otherwise by a competent court of law.

Zagwa
Guest

Good call judge BUT why is it that your cases take too much time? Why do you have to adjourn for a whole month? Mumakhala mukutani pakatipa? Mukumatikaikitsa! Si madyela mphoto awa? We can see the other God fearing judges meting out sentences mosaumila only being restricted by the stupid laws of the poorest nation, where chicken theft gets you 15 years and laundering one billion MK attracts a maximum ten years. Zachamba zenizeni!

pyola
Guest

Good Mtambo don’t badge an inch. Ralph is on the line now

Joseph Moyo
Guest

zanu izo

Peter Arthur Bwampini
Guest
Peter Arthur Bwampini

This court contempt case should remind us of how low our society has sunk in terms of indispline. There is too much disrespect in Malawi.

The country can’t develop like that. Kaya zanu izo ife tili kunja.

Mbowe Mulambia
Guest

A Kasambala zikutengerani kuti zamabhozazo

che
Guest

the guy is being feed too much shit by ralph kasambara

wpDiscuz

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