DPP Kachale wants Judge Mwaungulu out of Kasambara bail bid

Bail application hearing for convicted former Attorney General (AG) and Minister of Justice and Constitutional Affairs, Raphael Kasambara failed to commence on Monday after the Director of Public Prosecution (DPP) Mary Kachale accused Supreme Court of Appeal Judge, Justice Dunstain Mwaungulu of biasness.

Justice Mwaungulu: State wants him to recuse himself

Kasambara currently serving a 13-year sentence at Zomba Central Prison for conspiring to murder former budget director Paul Mphwiyo together with Macdonald Kumwembe and Pika Manondo is challenging his prison term. It’s now eight months now since he was incarcerated.

Through his hired lawyers Modeccai Msiska, Senior Counsel (SC), and Wanangwa Hara, Kasambara is arguing among other points that he is unlikely to abscond bail as he is a Malawian citizen with assets in the country and that he has a right to bail pending appeal subject only to interest of justice, claiming that prior authorities connecting bail pending exceptional circumstances are erroneous.

But the hearing scheduled for Supreme Court of Appeal in Blantyre failed to commence when the the top prosecutor argued the State were not given enough time to prepare their arguments aside from questioning the presiding judge, Justice Mwaungulu’s impartiality.

Kachale demanded the judge to recuse himself, arguing that he is prone to be biased in his verdict.

Her surprising accusations followed a grilling by the judge on her lack of preparedness despite holding a high public office.

Justice Mwaungulu said was baffled with Kachale’s lack of preparedness after she apologised to the court for being unprepared and incoherent, claiming she was served with Kasambara’s skeleton arguments two days prior to the hearing instead of the required seven days.

Meanwhile, Judge Mwaungulu has since adjourned the case to Wednesday next week (April 12th) when he will announce on whether he will continue presiding over the case in the wake of Kachale’s accusations.

Mwaungulu adjourned the case to also to give the State more time to prepare and fill counter arguments.

Judiciary spokesman Mlenga Mvula has bemoaned Kachale’s accusations, saying such sentiments underrate the integrity and independence of the country’s judicial system.

In affidavits in support of the bail application, Kasambara argues that he has a permanent residence  and strong ties  within the jurisdiction of the court, that when granted bail previously, they did not evade trial and complied with all relevant conditions.

“They have no contemporary legal support. Both the Constitution and the Supreme Court of Appeal Act [the SCA] frown upon these authorities,” reads his affidavit.

Among the arguments are that prior to his conviction, Kasambara was practicing law (SC) and running a business.

During the mitigation before sentencing at High Court, Msiska further stated that the court needed to reflect on the services Kasambara had rendered to the nation both as a private-practice lawyer as well as minister and Attorney General (AG) before the commission of the crime.

Mphwiyo’s shooting outside the gate of his Area 43 residence in Lilongwe on the night of September 13 2013 is widely believed to have led to revelations of the plunder of public resources at Capitol Hill.

Former president Joyce Banda ordered an audit undertaken by British forensic audit firm, RSM (formley Baker Tilly), covering the period between April and September 2013. The audit established that about K24 billion ($32.9 million) was siphoned from public coffers through dubious payments, inflated invoices and goods or services never rendered.

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Humphrey kawenga
Guest

We all know Mary Kachale hates Ralph Kasambara, i can assure every enemy of Ralph kasambara that, weather you like it or not, Ralph Kasambara will be out because He is innocent, and judge Mwangulu will not rescue himself, even Michael mtambo refused to resue himself during the kasambara case. chawonazako chapita mawa chilikwa iwe. ralph kasambara, pika manondo and mcdonald kumwembwe will be out, a mary kachale mwachepa nazo, ralph kasambara ndi chikulile amuna. munthu wankulu wathu, ralph kasambara sc. mary kachale mwachepa nazo

Keen Observer
Guest

I don’t understand why now Kachala thinks that the Judge can sway the the judgement yet Kasambar a had the same request against Judge Mtembo if my memory serves me well but it was not entertained. So as it stands a judge is a judge there is no need for Mwaungulu to refuse himself.

KARONGA INFO
Guest

It is a shameful for a well learned lawyer to live as a mafia. Let him learn a lesson.

Nyau Thing
Guest

Kasambara is serving his sentence upon conviction! So why should he be given bail?
Apapa zikungowonekeratu kuti atumbuka nonse mumangobakirana zili zonse! Ndinu anthu oipa mitima kwambiri.
Let him just appeal his conviction or sentencing uku akugwira ukaidi! Mxiiiew!

NZOZODO
Guest

Raphael KASAMBARA…then minister of Justice, Constituti onal Affairs and Attorney General……dzimaudindo pwipwipwi mboma la JB. a Kasambara adamera mapiko.Stone heart, pompous Kasambara…. its his turn to face the music.Sanayambe ndende ndiye.Justice must prevail.Pasapezeke wina ali ndi maganizo kuti apinde nkhani ya Kasambara.Chenjezo kwa Judge Mwaungulu…mpando mwakhalilawo panali azanu and you must exercise highest integrity and unquestionable moral conduct.

tk
Guest
Learnes lawyer with such a high position of DPP should be in a better position that questioning the integrity if a judge puts the whole justice system at disrepute. I dont think Mwaungulu could stoop so low to he partial in handling this case. i can see that the DPP is fully aware that she has weak arguments and that the case will fall in favour of Kasambala and now she is trying to tarnish the image of the highly qualified judge. This is too bad madam. You worked so hard for Judge Mtambo not to rescuse himseld from the… Read more »
Keen Observer
Guest

Genius you. I salute you well articulated.

mtete
Guest

These acronyms are misleading: Democratic Progressive Party (DPP); Director of Public Prosecution (DPP); Director of Public Procurement (DPP). We have DPP nightmares

Udyela udindo
Guest

Judge Kachale is absolutely right ! I have followed Justice Mwaungulu ruling.Of late the Chaponda maize deal from Mz court.What happened ? Justice Mwaungulu surprised many Malawians in his pronnouncements.A biased judge knows no justice.He must recuse himself in Kasambara appeal case.

Che nsomba
Guest

And the recent case was about Dr. Chaponda which Justice Chirwa had ruled on at the High Court. So suddently Dr. Chaponda comes from the North??? Let us give fairness where it belongs. Justice Mwaungulu ruled in favour of Dr. Chaponda not so?

Noniwa
Guest

You must missed the points in mwaungulu’s ruling. He made everything clear. Ask your lawyer friends if you have one. Mwaungulu demostrated the understanding of law. .

Che nsomba
Guest

Is the DPP and all those against Justice Mwaungulu really saying that suddenly the Judge has become bias just because he comes from the North. I thought Mwaungulu yomweyo ruled fairly in a recent case? Let us not be personal. One should not be seen as unjust because someone from their region is before them. Through and through I have seen other judges also give fairness to people from their regions either Centre or South. Let us learn to love ourselves a Malawi.

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