State ‘satisfied’ with Kasambara conviction: To challenge appeal bid by Malawi-ex justice minister
Prosecutors have said they are”satisfied” justice has been done as High Court on Thursday convicted a former justice minister Ralph Kasambara and two others of conspiracy to murder a former Ministry of Finance budget director Paul Mphwiyo in 2013.
Mary Kachale, the Director of Public Prosecution who has been lead prosecutor in the case, said “justice has been seen to be done.”
And State Assistant Director of Public Prosecution, Enock Chibwana, said he was “pleased” all the three defendants have been convicted.
The court found the former minister and two others, Pika Manondo and Macdonald Kumwembe, guilty of conspiracy to murder and also found the other two guilty of attempted murder.
Chibwana, hailed the judgment, saying the High Court Judge Michael Mtambo analysed the submissions without any bias, dismissing Kasambara’s claims that the judge was “compromised.”
He said Mphwiyo’s shooting is directly linked to ‘Cashgate’.
“The shooting and attempted murder of the Malawi former budget director is directly linked to the country’s historical plunder of public funds where billions of dollars were stolen.
“Over 70 have since been arrested and the cases are still in court while over 10, among them top government personnel, having been sent to jail,’’ he said.
The attempted murder of the former director took place on the night of August 13, 2013 at the gates of Mphwiyo’s residence in Lilongwe.
Mphwiyo was shot three times at close range as he awaited the opening of the gate.
He was flown to South Africa for medication where a successful surgery was conducted on his face.
Mphwiyo implicated Kasambara and the other two in the case, claiming that he personally saw them during the shooting.
Kasambara could face up to 14 years in prison when he is sentenced. However, a judge also could impose an unspecified, lesser sentence, prosecutors said.
No date was set for sentencing.
But Kasambara has vowed to appeal at the Supreme Court aganst the verdict, saying the judge was “compromised” and the verdict is a result of “miscarriage of justice.”
Chibwana said the convicts have a right to appeal but said the State will vigourously challenge the bid.
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Kasambara should face the music, as he thinks he the big fish and he is bigger than Malawi. Why didn’t he choose to represent himself, when he is a suspect. Watsala JB abwereko kuli iyeko adzawaone anachewa
I believe kasambala will be free if he successfully appeals I don’t see enough evidence pointing to him but again I believe he knew what was going on around mphwiyo. We must aware he is a lawyer he can’t leave evidence behind. He erased everything
An appeal is based on points of law. Kasambara is talking like he wants a retrial which is a mistake. It was a mistake to represent himself – that was Law 101. And he had no respect for the judge. Do you think the judges at the supreme court will let down their own judge? It may as well be miscarriage of justice, but I think Kasambara invited it himself upon himself.
@kkilembe, you are absolutely right, Kasambala was acting like a novice in the legal fraternity, how can he represent himself in a case of this nature? remember Raphael is short tempered, and he showed this by threatening the DPP – Kachale, what a folly, if he was represented, this couldn’t happen, perhaps he wanted to make a historic land mile in the Malawian legal fraternity. All in all, wishing Ralph all the best in his appeal case coz the judgement has got a lot of flaws and holes which can be punched.
He wanted to be Ronaldo of Portugal looking for hero penalties.
In this age of technology, no one can erase everything. Much of the evidence based on the call log has been provided by telecoms companies, and it’s in their system for good. As a matter of fact, the High Court has deliberately chosen not to divulge too much of that evidence as it relates to cashgate cases for fear it may pre-empt much of the evidence against suspects of cashgate cases.
Even the phone calls and content of text messages from JB instructing her boys to loot our taxes is available. ziliko chaka chino!