Former Malawi Minister of Justice and Constitutional Affairs Ralph Kasambara one of the suspects in the shooting of former Ministry of Finance budget director Paul Mphwiyo is accusing the presiding High Court Judge Michael Mtambo of bias.
Kasambara is also accusing Mtambo of “playing the role of prosecution advocate” in the case and wants the judge out of the case.
He accused Mtamb for introducing “extraneous judicial information” such as Cashgate and predetermining the guilt of the accused persons without evidence during his ruling on whether the accused had a case to answer.
Kasambara also wondered where the judge got evidence that there was ‘Cashgate’ between the two when Mphwiyo, in his testimony, had denied any involvement in Cashage and that his role as budget director did not put him directly responsible for making payments.
He also faulted the judge for putting in his ruling that his friend and co-accused, Pika Manondo ran away from Malawi soon after Mphwiyo was shot while there was no evidence that there was awarrant of arrest for him.
In her response, Director of Public Prosecutions (DPP) Mary Kachale objected to the application which she described as “unreasonable and in bad faith.”
Meanwhile, the court has granted the defence an application to get transcripts of the court reporter on evidence from Mphwiyo, the investigator and three Airtel witnesses.
The court is expected to hear oral submissions on the application for recusal June 3. The ruling is expected on June 5.
This is the second case in which Kasambara has asked a judge to recuse himself. He also asked Justice Chifundo Kachale to recuse himself because his wife is a chief prosecutor.