Judge Mtambo made an error in law: Kasambara claims its victory for vendetta not justice

Convicted former Justice and Constitutional Affairs Minister, Raphael Kasambara, has insisted that the verdict handed down by Judge Micheal Mtambo was unreasonable and couldn’t be supported by evidence to convict him and two others for attempting to murder the country’s former Budget Director, Paul Mphwiyo, in 2013.

Before heading to Maula Prison awaiting sentencing, Kasambara Senior Counsel, said Judge Mtambo made an error of law one too many in his determination.

“This was a miscarriage of justice,” he screamed before board a police vehicle and heavily guarded.

“This is a stage d case, staged jusge and the whole set up was staged,” Kasambara said , vowing to appeal at the Supreme Court of Malawi the conviction and would overcome in the end, adding that the judge was compromised.

“This battle we will win, God will fight for us,” said religiously the former justice minister who is a devout follower of Prophet Shepherd Bushiri.

The court found Kasambara and two others, Pika Manondo and Macdonald Kumwembe, guilty of conspiracy to murder and also found the other two guilty of attempted murder.

High Court Judge, Michael Mtambo, after a rigorous court hearing and submissions over the years, handed down the judgment to the three before a jam-packed court and live coverage on Times TV.

Outside court, Kasambara’s wife, relations cried and others ranted at Judge Mtambo.

“We knew it already Mtambo has a vendetta against Kasambara and wanted to score a victory by convicting him,” said a young man believed to be a relation and he talked legal language by pointing out that the judge made an error in law by overlooking what he said “ a binding precedent.”

He said a legal precedent was established in the case of Anti Corruption Bureau and former principal resident magistrate Mzondi Mvula where Supreme Court dismissed the evidence based on call-logs, saying it doesn’t provide evidence of what callers were discussing or conspiring.

“Therefore in my view the judge made an error of law,” he said. “The judge got it wrong,  hte verdict was unreasonable and not supported by the evidence.”

But State Assistant Director of Public Prosecution, Enock Chibwana, hailed the judgment, saying the judge analysed the submissions without any bias.

Law academician at University of Malawi, Edge Kanyongolo said by convicting the three, the judge was satisfied with evidence.

“ It means in the views of the judge all the evidence have demonstrated there have been enough proof,” said Kanyongolo.

Kanyongolo said before talking about appeal bid, the next phase is sentencing.

“State will probably be looking more serious punishment while the  defence will give mitigating factors to get lighter sentence,” he said.

Making his ruling, Judge Mtambo said:” After analyzing all the evidence in this case, I convict them accordingly.”

He revoked bail for the three and ordered that they  should be remanded in custody until sentence.

No date was set for sentencing.

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