Judge trashes Kasambara on rejecting Kamudoni to prosecute

High Court Judge Chifundo Kachale on Tuesday ruled against  former Justice Minister Ralph Kasambara, one of those answering charges of money laundering involving more than K5 billion and other charges surrounding Malawi’s cashgate scandal,  who demanded that special state prosecutor Kamudoni Nyasulu should not continue handling the case.

Kasambara, his law firm Ralph and Arnolds, his partner Wapona Kita, along businessman Pika Manondo are among the accused in the case.

Others are Director of Housing in the Department of Housing Auzius Kazombo Mwale, two Principal Accountants Roosevelt Frank Ndovi and Fletcher Arnold Kaizo.

Kasambara bid to remove Kamudoni Nyasulu as prosecutor fails
Kasambara bid to remove Kamudoni Nyasulu as prosecutor fails

Kasambara and his defense team objected to Nyasulu continuing with the case du, arguing that he no capacity to prosecute

He also questioned the process Nyasulu was appointed arguing that it was not in line with the Public Finance Management Act, Public Procurement Act and Public Audit Act.

But in his determination, Justice Kachale-  ruled that Nyasulu was covered by Section 80 of the criminal procedure and evidence code , saying licence to prosecute is not a requirement.

Justice Kachale dismissed Kasambara’s prayer and gave Nyasulu a lee-way to continue with prosecution of the case.

In one of the counts, Kasambara and Pika Manondo are being charged of money laundering in which it is alleged that Kasambara and Manondo between 22 April 2013 and 10 January 2014, acting in concert and in furtherance of a common unlawful purpose, each or the others or all of them had in their possession proceeds of crime, namely eleven (11) motor vehicles and Five Billion Six Hundred Sixteen Million Nine Hundred Eighty One Thousand Seven Hundred Fifty One Kwacha (K5,616,981,751.00).

The charge sheet indicates that the two knew or had reason to believe represented in whole or in part directly or indirectly stolen money.

The two are also expected to be charged with Conspiracy.

The case  has been adjourned to  September 8.

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