Tempers flare in court: DPP Kachale, Kasambara trade barbs

Tempered flared  in the High Court Wednesday morning in the trial of attempted murder of former budget director Paul Mphwiyo between  Director of Public Prosecution ( DPP ) Mary Kachale and third accused person in the conspiracy to commit murder, lawyer Ralph Kasambara a  Senior counsel  (SC).

DPP Mary Kachale

DPP Mary Kachale

It all started when the first accused person, former Malawi Defence Force (MDF) soldier MacDonald Kumwembe had just finished cross examining cashgate prisoner Oswald Lutepo as his witness of truth and the DPP Kachale was taking her turn to cross examine him.

Kachale smiled and said it’s a bit difficult that she is cross examining him on the case though he is also her witness in other cashgate cases.

But before she finished the sentence and start questioning  the witness, Kasambara furiously stood and  raised  an objection to Kachale’s line of question,

The former justice minister accused the DPP of prejudice.

“Objections my lord, madam DPP is misleading this court instead of going straight to the question, she is telling the witness that he is also her witness in other cashgate cases which is very unfair, what is she trying to say or tell the witness when responding to her questions?” queried Kasambara before Kachale had to come in to justify her statement.

Kasambara said: “No, no, my Lord, can madam DPP go straight to question than try to intimidate the witness in the dock.”

Judge Michael Mtambo then ruled in favour of Kasambara telling the state top prosecutor to go straight to her questions.

Kachale was also forced to withdraw her statement by the judge when she made reference to K55 million which Lutepo deposited to Ralph and Arnolds Associates as being made to Kasambara directly and that he instructed lawyer Wapona Kita to call Lutepo and testify in court as the owner of the cash which was found with cashgate convict Steven Sithole who was being represented by his law company.

Before Lutepo answered, Kasambara rose to object to the question.

“Madam DPP can you please be fair to this court and stop embarrassing this court and your office for heaven sake, you know that time your referring I was not practicing as I was the minister of Justice and Constitution affairs and Attorney General of the Malawi government and you were under me during that time and how could I issue instructions or represent the client in questions?” angrily Kasambara told Kachale.

Kachale tried to explain what he meant by the statement as she was referring to the law firm not him directly but Kasambara continued to question his involvement at that time as he was government official and couldn’t handle any client as a lawyer.

The DPP also asked Lutepo on the allegations that that he made in court that former deputy inspector general of police Nelson Bophani was forcing him to implicate some people including Kasambara and if that he knew that Bophani was arrested by Anti Corruption Bureau and one of the charges he is answering is in line with that of trying to prevent justice take its course.

Lutepo denied having any knowledge of Bophani’s arrest, saying he access to information is limited as he is in imprisoned.

Kasambara rose to ask the court to provide to them with the charge sheet for Bophani since it has come to their attention just like Lutepo and that they are interested to see it.

“My lord we ask her office to give us the charge sheet of Mr Bophani we want to see more especially me I will need it before I start cross examining the witness”, Kasambara told the court

Kachale said  she was only making reference since  Lutepo will also testify as its witness and withdrew her statement.

But Kasambara persisted to have the charge sheet. The judge ruled that they be served with the charge sheet of Bophani.

During cross examination between Kasambara and Lutepo, the cashgate told the court that he was intimidated that he will be charged with murder case against Mphwiyo as they showed him a sworn affidavit by one Charles Chalunda alleging that he (Lutepo) masterminded the shooting of Mphwiyo and that if he will not comply to twist the story and implicate Kasambara he was likely to be charge d with murder and spend the rest of life in prison

He told the court that he met with police officer Maurice Makwinja at his lawyer Jai Banda’s office where he was being told what to write as to suit what they wrote for Mphwiyo as well in implicating Kasambara.

Lutepo said he was told he will be a state witness and let free if he implicates Kasambara.

He  also told the court that he wrote Attorney General and Government agency complaining against the behaviour of Bophani ,  former DPP Kalemba and others who forced him to lie against Kasambara soon after Joyce Banda lost the presidential elections as he knew he was safe since the said powerful men were no longer in charge.

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34 thoughts on “Tempers flare in court: DPP Kachale, Kasambara trade barbs”

  1. daudi mj says:

    Truth will prevail. Let the law take its course

  2. Chris Abusheda says:

    Oh…i have been following these allegations very closely and i have realised that Malawian politics is rotten. At some point, Ralph Kasambara looks innocent and at some point it feels like he has been a threat to many other politicians fearing to be exposed by him in their shaddy dealings. Am here to follow this to the end

  3. Belinda Mtumbuka says:

    Uhule a tumbuka ngati Joyce Msiska Chihana ogona ndi mwamuna wa chemwali wake.

  4. Alfred says:

    He was your former boss, OK, point taken. Please be fair enough, not only to the court as well as to Country.

  5. Alfred says:

    Mwangomuda munthu. You cant prove anything beyond reasonable doubt. You are just accusing an innocent person. You are just wasting tax payers money. Kungokuwakuwa mu court. Ngati ukuti unaba give us the proof not just talking. When i say proof. Confirm the amount in the bank statement. Confirm the signature. e! unatani, unatani, unapita kuti a!a, is a just a noise. Kumene munthu anapita are there no duplicate receipts issued. Can you not go there and get them. Where did he get the bullet and a gun. Who issued the gun and the bullet and who signed. Let me assure you one thing, the state will lose the case and have to compensate the accused and make him a hero. Please, I beg you wo!o Supply us with evidence beyond reasonable doubt

  6. owen Levites says:

    Kasambara is a bad seed, education without character is deterimental to national development, like the way the report decides to side with Kasambara

  7. Kaitano says:

    TANGONYONGA CHILOMBOCHO MILOMO ILI PSU

  8. gadabu says:

    Zatopetsa izi, mosemuja, asiyeni azipita kwawo basi, mkale anachinda amenewa, mpaka nyini zichita dzimbiritu, mpaka tetanus kkkkkkl

  9. Zuze says:

    Muzidya kamodzi pa tsiku.

  10. sober minded says:

    Majority of the comments posted here seem to suggest that Kasambara had a field day in court completely outsmarting the learned DPP. That would probably be true if the article had been unbiased. I have strong reservations over the article – I’ve a feeling that the author has only selected Kasambara’s best moments and deliberately ignored the DPP’s. If this is indeed the case, then it’s very embarrassing to the journalism profession!

  11. BOKHO says:

    Kasambara is honest on this charge and deserves an immediate release.

  12. more $ says:

    Mxiii!!

  13. Namila says:

    Nanunso inu Kasambarayo ndiye ndi wooneka bwino? Kungofera kuti ndi a Lawyer? Shupit! Send him to jail he is as guilty as sin.

  14. Gerald mapanga phiri says:

    I can see there is no case of Kasambala here but I believe he knew what was going on. It looks like he stay away from evidence pointing to him. He is clever enough

  15. kunyeziwa mussa says:

    2 say de truth de way dis case z handled kasambara z innocent & de state wil loose.look @ mr mkondiwa’s remarks very clear no wonder dis govermnt 2 compasate with millions of kwacha.my advise 2 mr mtambo stand 4de truth sir & do not plz somebody else cz God z wth u b neutral in jesus name.

  16. Xmlw says:

    Shame on DPP, I salute Mtambo, at first I was biased but now I have respect for Mtambo. I see his maturity now

  17. Achimidizimidzi says:

    Our judicial system is weird.
    Objection was granted against the line questioning a witness. Questions can have a background , Mr. Kasambala is be serious. Iwe driver wako uja umafunsa bwanji?

    As it is, these two cases are linked and the offenders are the same people. so answers from one case will be referred to if it is inconsistent with other information.

    Last time , I heard judge Mtambo was biased because Ralph defeated judge Mtambo in about of a girl friends. and this time Mary Kachale is intimidating my witnesses. Why should his witness have special arranged and rehearsed questions all the times.

    How many of us can say such things without consequences by the court.

  18. A. Muweru says:

    kachale amamufuna ralph kuyambila kale. koma ralph sanyenga akazi osawoneka bwino ngati awa!!!! Munthu ngosalakwa uyu! Fotseki!! Actually, nkhani za cashgate zithe basi because mutu wake sukuwoneka bwino. iyaaaa!

  19. cotton says:

    Free kasambara please nkhani ikuoneka kale yokha apa.

  20. Ankhwinda says:

    Anthu amawusambila mlandu kuti wina aziwoneka ngati wopanda fundo

  21. Drake says:

    NO person is above the Law, many people are siding with Kasambara that he must be freed. Kasambara is using intimidation and threats to intimidate the Judges and DPP, the issue per se it involves many unprofessional behaviours that Kasambara displayed when he was Minister of Justice. Releasing this criminal of a Lawyer will complicate the way forward to cashgate cases, He is caapable of tampering with the whole running of the cases he will tamper with evidence on the issue of the cashgate money which he also has a hand . Let this case be handled by foreign Lawyers kuoneka kuti anthu ambiri ku Malawi kuno akumuopa Kasambara you can see the comments on Nyastimes, lets not worship criminals

  22. Zanga Phee! says:

    IF GOVERNMENT SOUNDS TO BE COMPETENT ENOUGH PLEASE BRING PEOPLE WITH HIGH CARIBOU OTHER WISE THIS WOMAN WASTAGE OF TIME AND RESOURCES.SEE MY NAME.

  23. Phumbwabi says:

    Mary Kachale you are very small in matters relating to criminal law as compared to Kasambara. From my layman point of view, Kasambara here will be freed. He is innocent as regards to the strong evidence also given by George Mkondiwa in favour of Kasambara. Do you think anthu onsewa anganame? Bring back Joyce Banda to Malawi by all means inu a boma. Free Free Kasambara.

  24. Mulhomwe Wankulu says:

    Unless Judge Mtambo has personal vandette against Kasambara, i see Him(Kasambara) being acquited from these cases. Zikuonekanso apa kuti chipani cha DPP chikulowelerapo pa nkhaniyi. Kasambara has no case, he should be freed ASAP to avoid paying him huge sums after staying longer in prison.

  25. Malawi Wane says:

    May God be with you Kasambala! Now the truth about u has been heard. Even when hatred is there, but for the sake of entergrity’ win must be granted.You have fought a good battle. God bless u!

  26. The Partriot says:

    Lutepo says “he was told to implicate Kasambara” by Bophaniwho was directed by “orders from above”. Pika refused to implicate Ralph even under duress. Anthuni, Raphael zikuoneka kuti anangonamidzilidwatu pamenepa!
    The most worrisome issue is the way some people can manufacture data, and implicate people they dont like to be arrested! Bophani, zoona Ralph anakulakwirani chani? Lero zili pamtunda mwayalukatu baba!!

  27. Citizen wolira says:

    Lawyers are crooks. The case has taken too long and its is for these culprits to twist justice but at least we have known that we have thieves and murderers in our midst. And we are happy to know that some of the properties that you people have were not obtained in good faith. If tizidya thukuta lathu enanu badyani easy money. God is and will punish each one accordingly. Whether you win the case or not, there is nothing like PRIDE or to cerebrate for because we know you have won because your were taught to twist the truth in the name of “law” Bastards!

  28. Dikisan says:

    Kasambara akufera za eni. Koma bola asafe. Ndalama zathu zilowa mthumba la Kasambara posachedwa.

  29. ndebvuzamwayi says:

    You can’t find these delicacies, unless you take care of the environment brother.

  30. Journo says:

    Just let Kasambara free u wont win against Kasambara is mafia and shrewd we have alot of issues to worry abt in this country….not kasambara this kasambara that

  31. Kunta says:

    Kasambara will tear this woman apart & he will win the case frm jail….why on earth did u send a woman to do a mans job?

  32. kambwali says:

    i see government paying kasambala

  33. khal drogo says:

    i really don’t see where these cases are going. this is my tax being flushed down the toilet.

    but onto more serious issues. has anyone else noticed that ngumbi, mafulufute, abwamnoni and mphalabungu are very hard to get nowadays? ndazisowa ndiwo izi akulu akulu.

  34. Peter says:

    Kachale has to act maturely in this case. She is dealing with shrewd and smart people. Kasambala is a typical criminal defense lawyer and Mary Phikiso knows it. Chonde Mary, don’t expose your case to potentially be punched holes. I can see these guys walking free!

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