Kamudoni asks court to disqualify Kasambara from defending cashgate suspects

Former Justice Minister Ralph Kasambara , who is one of those answering charges of money laundering involving more than K5 billion and other charges surrounding Malawi’s cashgate scandal, had demanded that special state prosecutor Kamudoni Nyasulu not to continue handling the case but now Nyasulu has applied to High Court in Lilongwe to disqualify Kasambara.

Nyasulu said Kasambara should be disquaified from representing Cashgate suspects on grounds that he is either a suspect or witness in the cases.

Kasambara, who is representing Caroline Savala in Cashgate trials is defending himself after he was found with a case to answer in the shooting and attempted murder of former budget director Paul Mphwiyo outside the gate of his Area 43 residence in Lilongwe on September 13 2013

Nyasulu argues in his application that there is not only potential for conflict, but actual conflict of interest between Kasambara and
defendants in cases involving fraud in government between 2012 and 2013.

“(Mr) Kasambara represented (businessperson and politician) Osward Lutepo in transactions connected to the cases of fraud in the government between 2012 and 2013. Both Kasambara and Osward Lutepo are answering charges of fraud
involving funds in government between 2012 and 2013,” reads an application by Nyasulu.

“Evidence also shows that both Kasambara and Osward Lutepo were members of a syndicate in the frauds involving funds from government between 2012 and 2013”.

Kasambara is on record to have objected to Nyasulu continuing with the cashgate case.

“The question is: does the law allow for a special prosecutor? If the answer is negative it follows automatically that he has no capacity to prosecute this mater. The sum total is that all we have been going through is an exercise in futility,” said Kasambara.

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.

Said Kasambara: “I will not support short-cuts in the pretence of special prosecutions.”

However, Nyasulu argued that the defense cited the law selectively and the submissions were speculative.

He also said that it is not the role of the court to investigate the appointment of public servants.

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 charge sheet states that Kasambara and Manondo between 20 January 2013 and 10 January 2014 “conspired together to acquire proceeds of crime; to wit property which they knew or had reason to believe represented in whole or in part directly or indirectly money stolen from the government.”

Kasambara, Kita, Manondo and Ralph and Arnold Associates are all expected to answer a charge of possession of property suspected of being stolen in which they are accused that on or about 29 July 2013 at Nedbank Ginnery Corner Branch in the City of Blantyre had in their possession Fifty Five Million Kwacha (K55,000,000) which is reasonably suspected to have been stolen or unlawfully obtained.

Manondo has another charge of possession of property suspected of being stolen, contrary to Section 329 of the Penal Code.

The charge sheet says that between 3 June 2013 and 1 January 2014 Manondo had in his possession 11 motor vehicles and Twenty Two Million Eight Hundred Fifty Three Thousand Seventeen Kwacha Thirty Ni n e Tambala (K22,853,017.39) suspected to have been stolen or unlawfully obtained.

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