Call logs part of totality evidence against Kasambara — DPP

Director of Public Prosecutions (DPP) Mary Kachale in her submission opposing the bail  application filed by former minister of Justice and Constitutional Affairs Ralph Kasambara and his two co-convicts tackled the issue of call-logs, saying it was part of the totality evidence.

Kasambara and his co-convicts—Pika Manondo and McDonald Kumwembe—applied for bail pending an appeal against their conviction in March this year.

Their lawyers Modecai Msisha, Senior Counsel (SC), Michael Goba Chipeta and Lusungu Gondwe  submitted that they deserved bail because they complied with their bail conditions before conviction and that their passports as well as bail bonds were still in custody of the State.

They also argued that the call logs used as concrete evidence in convicting them were not relevant enough as the time frame of the logs could not constitute a conspiracy hence errors were made.

Msiska faulted trual Judge Micheal Mtambo, saying his determination in convicting and  sentencing the trio was based on call logs which was not adequate to sustain their conviction, questioning whether call logs could constitute sufficient evidence without support.

But in her submissions, Kachale accused the applicants of deliberately misrepresenting the facts as the call logs were a balanced up mixture and a totality of evidence rendered to the courts.

“Call log technology is becoming an emerging issue even in UK and USA, call logs can draw a story and the judge did not rely on the call logs alone but also the other direct evidence,” Kachale determined.

She argued that granting the bail was not in the interest of justice considering several factors including the seriousness of the case against the applicants and also the essence of the totality of the case.

“The offence of harming the other should be treated with seriousness. The economic status and family ties of the applicants should not be considered by the court,” Kachale observed.

“The two applicants’ bail was once revoked because they violated bail conditions, this means that their behaviour is not good, therefore, should not be granted bail,” Kachale further said in court.

Kachale also dismissed claims that the defence did not have access to court records, saying they did not make an effort to go and collect the court records at the registry.

Malawi Supreme Court of Appeal Judge Dunstan Mwaungulu, sitting as a single Supreme Court Judge,  said he would deliver his ruling on the matter at a later date

The trio was convicted last year after being found guilty of conspiracy and attempt to murder former Ministry of Finance budget director Paul Mphwiyo outside the gate of his Area 43 residence in Lilongwe on September 13 2013.

It is widely believed that Mphwiyo’s shooting exposed the plunder of public resources at Capital Hill that later came to be known as Cashgate.

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