Kasambara appeal case documents go missing: Case adjourned until after 28 days for lawyers to resolves issues

December 9, 2020 Wongani Chiuta - Nyasa Times 26 Comments

Malawi Supreme Court of Appeal has ruled that the appeal case for  former minister of Justice and Constitutional Affairs Ralph Kasambara, Pika Manondo and McDonald Kumwembe is not ready for hearing as there are no skeleton arguments and that some documents are missing in the records of 12 volumes that are before court.

Kasambara: Appeal hearing adjourned
Mphwiyo:Gun shot survivor
Manondo: In jail but appealing

 

High Court Judge Michael Mtambo: Handed a lenghty prison sentence to Kasambara and his two accomplices

The Supreme Court in Lilongwe was on Wednesday set to start hearing an appeal for conviction of Kasambara, Manondo and Kumwembe who were jailed in 2016 in connection to attempted murder of former budget director Paul Mphwiyo.

The absence of Kumwembe and Manondo  at the appeal hearing also forced the court to order that matter is not ready.

The court has since ordered the parties to resolve the issues raised in the next 28 days.

Kasambara was granted bail on March 14 2018 by Supreme Court of Appeal Judge Dunstain Mwaungulu after spending a year and seven months in prison.

He was convicted to 13 years for conspiracy to murder  gun-shot survivor Mphwiyo.

In his judgement in 2018, Mwaungulu observed that there seemed to be an apparent contradiction on finding Kasambara not guilty of the attempted murder charge, but finding him guilty of the conspiracy to murder.

Kasambara, who served as minister in the Joyce Banda administration, was jailed by High Court judge Michael Mtambo for conspiracy to murder in a crime linked to a multi-billion kwacha corruption ring christened as Cashgate.

During that trial, Kasambara had made application for judge Mtambo to recuse himself from the case as he feared the judge could make his determination based on a personal vandettta. But Mtambo refused to opt out and went on to convict and jail Kasambara.

Some legal experts say it is clear that Kasambara will be acquitted on appeal and get his professional life back to normal as Senior Councel and one of Malawi’s brilliant legal minds.

Gunshot survivor Mphwiyo is also answering to money laundering charges in relation to Cashgate.

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26 replies on “Kasambara appeal case documents go missing: Case adjourned until after 28 days for lawyers to resolves issues”

  1. Not surprising documents for the mafia to miss. Next things witnesses will e killed. This man has never been brilliant and only buys judges and we know kapanda has received money because he has been seen with him at airport bar in chileka

  3. You mean the whole Malawi society is still not keeping documents electronically? As powerful organizations as it is in Malawi. Ndavomereza that it’s one of the poorest countries in the world. Komatu zipezeke kuti tione kuti zithera pati. Komanso mulandu woyamba yamba kutenga zaka zaka usanathe. Komanso Kasambalayo asaiwale kuwatchulanso Joyce Banda. Kukhala kulowa akalowere limodzi.

  4. utsilu eti.
    and the court staff get paid for this stupidity ideology . TAX PAYERS’ MONEY.
    OKZ IF SALARY WAS FROM KASAMBALA HIMSELF.
    kapena ma ARV samupaysa ku prison ko akuopa kufa????
    JB BOY. MXIIII

  7. Basi angobwelera kundende angogwiritsa ntchito what we know that that in the missing documents anapezeka olakwa. Ndiponso paja bail imeneyi aliyense anadabwa nayo

  10. 2020, Malawi cannot back up any important documents. Real joke of a country. This is a classic case of paying someone to destroy evidence. Why not store them electronically and who so ever logs in, his/her foot prints are recorded. We remain a corrupt nation, with corrupt people.

  11. That’s Malawi courts for you. Some court Clerk has pocketed a few tambalas and played with the files. Happens everyday and the cases just drag and drag. Some miserable judges are in on it too.

  12. Any which way to win the case, clearly Ralph tactics and acquittal would be his latest underhand tactic. Did the The minister of homeland security not recommend mob justice to such?

    1. You really hate him right? He’s been away from the Judicially all this time and what makes you think that he could control documents?

      2. There is no hate here, the guy is wrong, now the files are missing, he is fortunate that our country is corrupt. He was supposed to go back to jail and lot there.

  13. Is this what you can tell Malawians? This is one of the high profile cases Malawi is having. So this is not true, these people are playing us. That’s why they have removed Kachale to OPC. Pajatu Kasambala was helping MCP and UTM during the election case.

  16. Law society guys is a joke . Misfits that failed to practice law in respective countries that they acquired their certificates. Pick any country and check records. Chonchi mukuwona ngati maloya ake angasamale were court documents are kept? FAILURES. Dziphuphu dzili rampant pamudzi pano. Watch this case or the one about the woman beater, pathetic.

    As you were!

  18. Paragraph 9 please, they say Senior Counsel not Senior Councel.the word counsel derives from counseling, counsellorship. I just wanted to do a correction on that.

  19. This was a real mafia build up. If they were not eliminated Malawi would have been like Colombia which is ruled by drug lords.

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