Judge Mwaungulu reserves Kasambara bail ruling

Malawi Supreme Court of Appeal Judge Dustan Mwaungulu has reserved his ruling to  a later date in October  on the bail bid for convicted former minister of Justice and Constitutional Affairs Ralph Kasambara and two others.

Kasambara in armoured police van as a prisoner

Mwaungulu on Tursday heard arguments  from the  State and Defence and both legal teams have been given another 14 days to make more submissions.

Director of Public Prosecutions (DPP) Mary Kachale urged the the court not to release Kasambara because among other reasons, the convict violated his bail conditions earlier.

“It will not be in the interest of justice to release them on bail,” she said.

“The applicants have deliberately misrepresented the facts of the matter. Offences that have direct harm towards another must be taken seriously. During trial the behaviour of the applicants was not exemplary, hence revocation of bail. When all factors are considered, bail cannot be granted,” Kachale  said.

But lawyer for Kasambara, Mordecai Msiska SC and Micheal Goba Chipeta disclosed that they have 17 grounds of appeal.

“It is very clear that the lower court made grave errors that cannot be left uncorrected. The prospects of the success on the appeal are high. Therefore, they should be granted bail. The applicants are willing to abide by all conditions attached to the bail. They have the right to liberty and freedom pending appeal,” Goba Chipenda said.

Msiska said the only reasons Kasambara’s  bail was revoked was that some CV of the judge [Dr Micheal Mtambo] was sent and found in some place.

“Unless the DPP tells us the accessing a judge’s CV constitutes a violation of bail condition then she has a good reason to say Kasambara violated his conditions,” argued Msiska.

Msiska said Kasambara was on bail during the trial hence he can be trusted .

“He [Kasambara] is entitled to bail under Section 42 of the Supreme Court of Appeal Act. He has a family and children; he has businesses to run. Most likely, the possibility of running away are very low. And the prospects of the appeal succeeding are high,” he said.

At some point Justice Mwaungulu told Kachale not to teach him how to interpret the law. He said he was a prosecutor “when much younger than you.”

Mwaungulu sititing as a  single judge  of the Malawi Supreme Court of Appeal  dismissed an application by the State for him to stop presiding over a bail bid.

He  based on Section 9 of the Constitution, among other documents, Director of Public Prosecutions (DPP) failed to prove that the judge’s conduct demanded recusal from the case.

The ruling followed an application by the DPP for the judge to recuse himself from the case on the basis that he commented on the matter on a Malawi Law Society (LS) Google group; hence, his comments might compromise his impartiality.

Kasambara and his co-convicts—Pika Manondo and MacDonald Kumwembe—applied to the Supreme Court for bail pending an appeal against their conviction.

Kasambara and his colleagues filed the application for bail pending appeal in March 2017.

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.

Kasambara was sentenced to 13 years imprisonment while Manondo and Kumwembe were given 15 years each.

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john
Guest

Kachale is the worst prosecutore in Malawi’ history

john
Guest

Kasambara is innocent but hated due to his tribe

Abitilawyer
Guest

Kodi omwe akuwolera ku ndendewa adapha anthu kapena mbuzi ? Tsopano a kasambalawa ati bail kuti iwowa woyera omwe ali ku maula ku seva milandu yakhupha dzitsiru iwowa wochenjera? Akhale konko ndipo awolele konko amatikwana uyu. Kudzitukumula ngati finye opanda mafinya

Almon
Guest

Inu anthu akumwela mumadana ndi Kasambara because he is bright more than Kachale, Mtambo and other idiots in the Government. Why dont you propagate for the arrest of Mphwiyo who store more of your money?

Abitilawyer
Guest

Mbava yokupha iyi ine sindigabakile manyi a munthu ngati awa akhale kumaula konko

john
Guest

you mean George chaponda?

chodziwadziwa Mjojo
Guest
Mwaungulu is biased. He used to comment so much on google lawyers. On this issue he argued vehemently in favour of Ralph Kasambara. The two are friends and know one another very well. Kachale was quite right that the Judge should recuse himself but Mwaungulus has acted out of arrogance. He thinks being a supreme court Judge it means you are Mr Know It All. Right now he stopped commenting on google lawyers because Prof. Danwood Chirwa castigated him through his article in the Nation newspaper. Its a SHAME that our courts fail to dispense fair judgements because of the… Read more »
john
Guest

thinking like a toilet tissue

Watipa
Guest

kasambara atuluke mulowe maize gate

Timve Ziti
Guest

Abale. Mpatseni munthu bail. Zomba zikachitike ku appeal. Izi zikuonetsa kuti Mary ali ndi china chake ku khosi.

GVH
Guest

Tangomutulutsani alapa

Backbencher
Guest
From the word go! The bail will go through. Reason? Well, the presiding judge is Mwaungulu right? Where does he come from? North, Good. Now who convicted Kasambala? Mtambo, from where? South or Central, thus correct. What’s the link? Well, just look at how hard the Kasambala defence fought just force Mtambo out of the case. This time around its the state fighting Mwaungulu to recuse himself from the case. This is the battle of regionalism at its worst or best if u want. Its the Northers commonly labeled as selfish kapena kuti ozikonda atsankho who refuse to integrate, against… Read more »
gebuza71
Guest

mbuzi

Wachikulire
Guest

My freind Mtambo is from North

Hlabezulu Ngonoonda
Guest

No, they do integrate. I come across some who have puzzled me with the Yao language, leaving is scratching my head. Its just that people want each and everyone from there to integrate against their wishes which is impossible. Each tribe has its own likes and dislikes. However, most do not want integrate because the cultural practices in the other two regions follow matrilineal system in which a matriarch heads the social system. To them, culturally, its anathema. Theirs is a patriarchy.

CHAMBU NJUWI
Guest

A CHIEF JUSTICE ARE YOU AROUND AND HEARING JUDGE MWAUNGULU’S MTUDZU TO DPP. DPP IS RIGHT THAT JUDGE MWAUNGULU IS BIASED TOWARDS KASMBALA NAGA KUMAOPSEZA DPP KUTI DO YOU WANT TO TEACH ME THE LAW. REMEMBER THAT I WAS A PROSECUTER AT YOUR AGE DPP. DOES THE THE LAW PROEFSSION ALLOW SUCH MTUDZU. PLEASE CJ ANSWER THE NATION ASAP. IF YOU WONT KILIPOKALIPO APA NDITHU

gebuza71
Guest

mbuzi iwe

wpDiscuz

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