Judge Mtambo dismisses Kasambara’s bail restoration application: To spend festive season in prison
High Court judge Micheal Mtambo has dismissed a restoration of bail application by former minister of Justice and Constitutional Affairs Raphael Kasambara, accusing him of abusing the process of the court by seeking same relief in the trial court and the Supreme Court of Appeal at the same time.
Supreme Court judge Rezine Mzikamanda had earlier reserved his ruling on the matter after the appellant, through private practice lawyer Modecai Msisha, argued that the High Court erred in revoking the bail.
Kasambara’s bail conditions were revoked by Mtambo on September 23 over what he claimed was an infringement on his private space by allegedly accessing his private information.
“I do not desire to pre-empt the determination of the Supreme Court of Appeal and defer to them to adjudicate on the matter first. Depending on that determination, the applicant will if necessary be at liberty to resuscitate this application before me. It is at that time that the Court will delve into the substantive arguments. I therefore dismiss the application for bail,” said Mtambo in his ruling, a copy which was made available to Nyasa Times by Director of Public Prosecutions (DPP) Mary Kachale after an inquiry on Tuesday.
Kasambara reportedly has a heart problem that needed specialist treatment by a cardiologist in South Africa.
And his family doctor, Lughano Kalongolera, in his affidavit, submitted that Kasambara’s health is deteriorating while in custody at Zomba prison.
But Henry Chibwana, learned special public prosecutor told the court that there has been no change in circumstances in relation to the
interests of justice, the basis of the Court’s revocation of Kasambala’s bail.
He submits that releasing Kasambara on bail does not guarantee that the case will be concluded in a timely manner because the delays in concluding the case were there even when he was on bail as for five months since April 2015.
And Superintendent Moses Chigayo, clinical officer in charge of Zomba Central Prison disputes that the health of Kasambara has deteriorated while at jail.
Chigayo said he has been monitoring Kasambara since his incarceration in the prison and after his discharge from Mwaiwathu Private Hospital where he had received treatment and that he has since 7 December 2015 not had serious medical problems apart from mild diarrhoea which has since subsided.
He told the court that Kasambara is currently in “good health.”
Mtambo therefore threw out Kasambara’s bail restoration. This means Kasambara remains in custody this festive season.
He is facing the charge of conspiracy to commit murder in the case of the shooting of former Ministry of Finance budget director Paul Mphwiyo at the gate of his Area 43 residence in Lilongwe on September 13 2013.
Kasambara, former Malawi Defence Force (MDF) soldier Macdonald Kumwembe and businessperson Pika Manondo were found with a case to answer in the near fatal shooting of Mphwiyo.
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Kasambala ukanakhala wins ukanangovomereza kuti ndine olakwa.muyeso womwe unaas anzako tsopano uli kwa owe.Repeant repeant.
Notwithstanding the fact that Kasambara is a suspect, it appears judge Mtambo is being unfair to Kasambara, who has the right to bail. Selective treatment of suspects is not acceptable in a democratic country like Malawi. Be objective Judge Mtambo, and let the man access proper medical care.
Zawavuta amudala awa, apa nde tiwona ngati money iz above the laws.
The sun will shine again only God can judge this Kasambala nde you overzealous Malawians keep throwing the stones; NOT LONG and yes its Mtambo and Mary’s time to shine but I pray you are shining in truth otherwise Mary you have all the facts in front of you just like me and before you go screaming that my writing is threatening your life and you need more body guards, let me bow out. Nyasatimes don’t delete my comment as you always do in the name of ‘moderating’
this-issue-dontconcern.u.let.justice.prevail
Kasambala amatumbwa amazitenga ngati Ali above the law palibe angamutekese lero wanya awolele kundende, this world is like a mirror when u smile it smiles back to u ha ha ha
Iwe Chikopa! Kwacha Ghambi was not the owner of Taj Mahal shupiti!
a ntambo!!!ziwani kuti nzosiyilana izi….akazaluza anzanuo muzayaluka….kunali achina gwanda chakwamba oziwa ndale not alipowo bt anasiya ndale….ukumunyozayo uzamugwadila pompano pompano ngati suukuziwa….akasambala!!!!!mukamalizana nao anawo pz muzandigaileko ndalamazo cz mmene ndimakuziwilani ine muwina ndinu phadayu and akulipulani ndalama zambili zed
I think are commenting without the background of the case. He was granted bail after arrest in 2013 til Sept 2015 where he abused the bail conditions and bail was revoked by this learned Judge Mtambo based on evidence. In exercising his right to appeal, he appealed to Supreme Court of Malawi against the bail revocation and Justice Nzikamanda reserved the ruling saying the judgement is to be made by 3 Justices. Being busy the Supreme Justices they are, they have not met to decide on this which is working to his disadvantages as he expected them to left everything and attends to his application based on tat he is popular in legal fraternity. realising that it is taking time, he decided to approach the same Judge who revoked the bail for Restoration without really withdrawing the Supreme application, this means abuse of court procedures which he knows but deliberately doing. He is not the first person on earth to be denied bail based on abuse of court if u can check history. It could have been a problem if Learned Judge Mtambo turned the restoration when Ralph had withdrawn the Supreme Appeal but he feels clever to do it double so tat he can draw public sympathy as most people are doing on their comments on this article. U followed this case with interest u cannot sympathise with Kasambara by accusing the Learned Judge for holding personal grudges with the accused, if the grudges are really there, its minimal at 0.01
Hahahaha
judge mtambo thank you so much
kuvutika kwa kasambala ine ndi amalawi tonse tikumva kukoma,amazitenga ngati dolo galu ameneyu
what judge mtambo has done is like giving all Malawians a chance to punch kasambala in his face as a way of revenge for all the evils he has done in our society
what is entertaining me most is that there is no enough justification for denying him bail but judge mtambo is still refusing to give him bail
hahahahaha
it can’t get any sweeter than this!
State dont waste tax payers money,the conduct of this judge really shows how barbaric he is in the legal system, I therefore want to teach this judge that dont mislead malawians what the law says every suspects has a right to bail untill he is proven guilty by a court of law. Can a judge tell us what kind of a case someone should not be given bail those who are in authority who were answering treason case were given bail kodi ayiwala adya zambiri za boma azazisiya one day
OK
Mkazuzi iwe! Wambula chitima! Mfiti! Unabayanga Macholowe! Pano so soka lakulondo…… At your helm you were one careless jerk…. How many marriages did u break? How many little gals did u violate? How many people did you share that HIV virus that cycle in your blood stream?
Sadyeka uja wadyeka lero …… Ndi dziko ili, ukakhala pa msana pa njobvu usamaone ngati kunja kulibe mame!!!!!!
This is how History will remember you, not about the finest Law student to ever grace the School of Law at Chanco, but a crook who abused his powers and thought he was invisible and untouchable! Time up Kasambara/Kasambava! !! Take a bow
Anthu akugwira ukaidi wa mnanu palibe amanena kuti Judge akudana nawo coz Ralph ndi wandalama nde akudana naye,palibe zimenezo.ukapanga zazikulu umagwidwa ndi zazing’ono
Jack phalombe you’re right, this is not just about the law zalowa personal zinthuzi and from what I heard kasambara ndi mtambo anakhulana pena pake coz nde eish anthuwa anadana zenizeni
Just to concur with those who are of the view that this issue has now gone personal, but this is not the case from layman’ s ayes.
Just an observation:
The story of Ralph K is reminding me of Samson in the Bible, they both were blessed and had a very bright future koma the choices made ruined their future.
Ralph, its to mend or kukonzaso ubale ndi Mulungu wako otherwise mmmmmmmmmmmmmmm
Kasambala pepa wagwa nayo la 40 likuwonekera pafupi .ena amadaliratu iwe pamilandu yawo nde apezeretu lawyer wina chifukwa 400million case that hit malawi police service in 2011 is about to start.kutseguka m’mimba bwa.kkkkkkkkkkkkkk.
Law Practice in Malawi has a History of defending criminals. This is the first time Judge Mtambo and the no nosense Kachale Lady have shown that it is possible to defend justice for the sake of the public. All potential criminals have their rightful space of residence in prisons.
I dont know much about the Law but this seems to be personal
Mtambo is not a Lomwe judge. He is Tumbuka and is just being professional, as expected. Kodi zonse mungolowetsa tribalism bwanji? You analyze everything through tribal lens! Speaks more about you and what you are than the person you’re talking about.
kodi phwiyo bwanji mpaka lero sakumumanga.nde mwini film amene uja.
Ntumbuka wochenjera watheka. Atumbuka anzake mwidzingeni basi.
ndale izi but the fact is there is more to this than what a laymans eyes can see a mtambo mawa ndinu
ALL CASHGATE JUDGES YOU WOULD HAVE BEEN LIKE MTAMBO A NONSE JUDGE OSATI ENANU MA TAKE CHANCE ONLY BUSY TAKING BRIBES FROM CASHGATERS
How many prisoners are in bad health in the prisons of Malawi? Why should Kasambara be given preferential treatment? After all he was fighting the judge while some well behaving prisoners are still behind bars for many years without bail let alone hearing? That’s the fruits of fighting the with the law. Kuchenjera konse kwatha. This is DPP ikufinya mpaka madzi wonse athe, Hahahahahaha I thought you are a clever lawyer zipulumutsetu! Apa ndiye ng’ombe zayang’ana Dazboard!
wht goes around it came around, the northers ndi zindele zazikulu. kasambara ndindani?,??? ife Mfumu ya maFumu Buyilekhaya ya abaThembu ikulowa lero 12yrs ku ndende wht mo kasambara??,, Respect the judge aTumbukaaaaaaaaa
No matter how long it takes the truth shall be known. The fire goes where there is dry grass!! Nothing worthy over spending Xmas in the cells for Raph, those cells are there for people good or bad, guilty or not guilty. Time will tell!!
Nyasatimes can you please find a photo of judge mtambo,am curious to know how he looks,he is a great judge,I just LOVE him!
Rapher u did the same wth chilumpha lero ndiwe unya uwona
Merry Christmas Hon. Raphael Kasambala. This festive season no more drinking at Mthambi& Discorium…. Wapona Kita is coming to join u soon.
Alhhomwe out to finish kasambara. Lhomwe government, lhomwe dpp mary mpikiso and lhomwe judge mtambo. No justice for aa northernner
Judge Mtambo bail is everyone right not a privilege why being so personal in this issue.We have seen murders being released on bail why not this innocent Kasambara eh Munayambanadi zenizeni. Eniakenu mukuti kukhaulitsa but my bible says tonse ndife ochimwa .Let justice prevail.This trial is very boring what we are seeing is punishment,punishment only nothing to learn.Let Law Society inter one.
Where do they release a murderer on Bail?
Major Dr Kalongolera mukuonongelanji career? Sacrificing for Kasambara or serving the master?
A Mtambo ndiye mwamukakamira, but is it true that he had indeed infringed your private space or it was your own carelessness that you allowed your C.V be exposed to the public and Raphael was just one of the lucky ones
Ng’ombe zayang’ana ku dazibomu… what goes around, comes around
I dont believe Mtambo’s grounds! I still ask if he is a representative of justice or a representative of the accusers. I think the issue is becoming more personal than public.
Apa ndiye basi nkuluyi sasambanso mankhwala ake aja kkkkkkkk
Shaaa zovuta
he should face the consiquences of brutal behaviour
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. . . Who could ever think that Kasambara would celebrate this festive season in prison? Untouchable as he carried himself around?; when, in the past the guy has been spending his holidays outside Malawi?
. . . Who ever would imagine that Kasambara’s would one day tremble before a Malawian judge, and in the process irritate his stomach and cultivate diarrhoea, for fear of facing justice?; when in the past, judge-shopping has been his trade hence looking smart?
. . . Who would ever envisage that Kasambara’s mind would one day be reduced to a kid’s that feigns illness for want of not going to school? Creating and amplifying a heart problem just to delay justice? Ha! Laughable!
. . . Who ever ideated that Kasambara could run out of legal ideas and decide to hire a lawyer after seeing that the game is getting too big for him, when all along he had been representing himself for feeling being the smartest on the land?
Indeed Heavens, just like the hills and the walls; have eyes! And ears also, I presume!
Long may you reign Justice Mtambo! Malawi has for so long been denied a sniff of seeing justice being done on such wicked men as Kasambara.
Kudos justice Mtambo, you simply are one of the best remnant judges around!
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Vachitima. Life is bigger than a human being. There was Kamuzu but most chewable girls today do not know him or just hear how mighty he was. There was Kwacha Ghambi with his magnificent Taj Mahal in Blantyre where now stands the Car Park opposite New Reserve Bank – where is he now?
The funny thing about life is that John Chilembwe is popular for good deeds and killing a bloody mtsamunda. Moral of the Story “M’bale wanga Samala! Chita Za Bwino, Siya Kunama” while you are still alive. However, please do not think Kasambara is the worst. He is only at bad place at a bad time.
Mlomwe Judge Mtambo tsopano akufuna kupha mtonga Raeph Kasambara best lawyer of all Atumbuka onse. Mlakho wa Alomwe vs Atumbuka
Mtambo In U I Trust!
Now it appears justice mtambo has personal issues with kasambara by now he woyld have him bail abale inu