Judge Mtambo demands Kasambara’s comprehensive bill of health: ‘Conflicting medical reports’

High Court judge Micheal Mtambo has demanded a comprehensive medical report from Blantyre Adventist Hospital on bill of health of former minister of Justice and Constitutional Affairs Raphael Kasambara.

Kasambara: Hospitalised

Kasambara: Hospitalised

Kasambara, who is facing a charge of conspiracy to commit murder in the case of the shooting of former Ministry of Finance budget director Paul Mphwiyo, has been hospitalised at the facility after the revocation of bail conditions last month.

Mtambo issued the order on Tuesday after the State through Director of Public Prosecutions, Mary Kachale asked the court to issue the order after getting what she called “conflicting medical reports” from two medical doctors on the same.

Kachale’s application came after lawyer representing Kasambara family members, Manuel Theu served the court and the DPP medical documents one from Kasambara family doctor Luano Kalongolera which said the former justice’s health need serious observation for the next 21 days and that he can only be fit for trial after the said days .

But in another letter of reference signed by heart specialist from Holland, doctor David Saunders of Blantyre Adventist hospital, says Kasambara has to be observed for three days before he can be able to stand trial.

Theu then asked the court to adjourn the case based in doctor Kalongolera report, who he said is the right person since he is the family doctor who understand the health background of Kasambara and he is the only one who can understand his bill of health.

But the State’s top prosecutor questioned on what capacity doctor Kalongolera issued the medical report instead of the hospital which he is admitted to.

She queried that Kalongolera was not supposed to issue the sworn affidavit but Blantyre Adventist hospital since its where Kasambara is receiving medical help.

The DPP also questioned if indeed doctor Kalongolera did the affidavit in consultation with doctors from the hospital, saying if they did so she wondered why there are conflicting statements on Kasambara fitness to stand trial.

Kachale then asked the court to issue order to Blantyre Adventist hospital to issue a “comprehensive report” on Kasambara’s health.

The DPP said though she doesn’t want to read much into what is contained in the medical report as its private issue, she referred to the judge the “same conduct” of Kasambara during the ‘State vs. Kasambara case’ when Kasambara was also admitted at Mwaiwathu hospital in February 2012.

Kachale dismissed the report from Kalongolera, saying the court should not attach any weight to it on the grounds that it was baseless.

She said: “Why should the court attach any weight to Kalongolera’s report? Blantyre Adventist Hospital have capable doctors who can ably write a comprehensive report on their patients, why should some doctor based in Zomba do the report on their behalf?

“Secondly, no one is not fit to stand trial unless they prove they are mentally disturbed. Being a [medical] doctor, I think he should refrain from making such statements. As State, we want Blantyre Adventist to comment on the report and its findings.”

The Judge then issued the order to the Blantyre Adventist hospital doctors to issue a comprehensive medical report to the court by Wednesday 9 am and he has since adjourned the case to Wednesday 14th October 2015 at 2:30 pm.

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thini man
Guest

A Malawi koma, uchimo wamunthu wina ife kuwutengera ndikukhala oweluza? Ngati Ralph anachimwa ndizake, koma ngati anthu oopa Chauta mlengi, tipewe kufunirana zoyipa abale. Ada Kasamabara, ndikufubirani kuchira mwansanga, ndipo mukatero muzayankhe uchimo wa dziko. Madotolo muthandinzeni mubaleyu chonde, Dotolo Kalongolera osateketseka ndizinazi, ife okudziwani, sitikudera nkhawa pakuti inu udotolo wanu ndi mayitanidwe, amene simufuna kuluza patient. Ndukumbukila bwino lomwe 2007 mukundiimbira ine Junior wanu mumayitanidwe amenewa tsiku lililonse kupanga check ma patient anu pamene inu munali kunja kwadziko pantchito zina. Quick recovery Ralph

wodabwa
Guest
Don’t worry about rk as a lawyer he knows what keeps suspects out prisons cause the law will accept it he knows what could prevent him from imprisonment so he will make all the tricks to avoid going to prison but rk knows the source of his bravery if its not a good source he will be punished heavily by the true lawyer coz everything is being recorded in heaven it is possible to say father God forgive me and save me by reciting all his wrongs on the other hand if it’s a good source of braverly thank God… Read more »
Nyasosera
Guest

Lughano you are a surgeon, am i right? Is Ralph’s condition surgical?

namalira wamkulu
Guest

Anyongedwe mbava chitsilu chimene Chija bolanso chingofa

Mapwevupwevu
Guest

Ralph aise! Be a man and face your demons! Look at your friend Lutepo, he tried the same trick koma anamukwidzungabe!

Vomera machimo ako!

Herod the great
Guest

Lughano mwana wakwithu, wa seventh day, msilikali withu.Chinyengo sichabwino mwana iwe leka. Musiye Ralph afere zake uyo. Iwe ukulemba report ngati ndani? In what capacity? Lughano! Lughano! ndi u specialist wako wa fake wo, wopangira pa CoM. Ka college ka fake kamene tsogolo lake silikudziwika

Tonnex
Guest

Crime is a crime. The Law of the land should treat us equally. For decades, there has been a partial system of Justice in Malawi where by only ordinary people have been facing the law, whilst the optimates have been flying above like Eagles, yet they are the ones who have been committing serious crimes.

Chilz Gama
Guest

People, I sympathise with the Kasambara family at this tough moment. Kasambara is in dire pain. If one is able to malinger to an extent of having fever, low blood pressure and needing oxygen, then Kasamabara must be a genius deserving an automatic entry into the guiness book of records. Let him recover and then justice can take its course, lest the whole setting by Judge Mtambo is viewed as a personal vendetta at Kasambara.

m'swati wallace chinyamula dube fc
Guest

kkkkkkk…why makhumucha akangomangidwa anvekele;ndikusegula m’mimba,mutu waching’alang’ala,iyayi ndatota nyere zikundipweteka and ………kkkkkkk…why?…ife amangotikoka ngat mbuzi or kutipeza tikudya amatisiyitsa phwanya,ok oweluzadi ndi chauta osat ma………..

George phiri
Guest

Kodi chifukwa chani andale amadwala ikakhala nkhani ya milandu? Remember Yusuf Mwawa? Bakili Muluzu? Ralph Kasbara? Very sick mpakana kufuna kufa, koma milandu ikatha matendanso amalira penepapa. Joyce naye akabwera straight ku Mwaiwathu bp

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