Kasambara blasts State for ‘flip-flopping’ in Mphwiyo case: Malawi cashgate

As the Paul Mphwiyo shooting trial continued on Thursday, defence lawyer Ralph Kasambara blasted the state prosecutors for what he has described as the continued flip-flopping in court.

Kasambara:  Defence lawyer and accused person says prosecutors have flip-flopped
Kasambara: Defence lawyer and accused person says prosecutors have flip-flopped

Former minister of Justice and Constitutional Affairs Ralph Kasambara is charged with attempted murder and conspiracy to commit murder alongside Macdonald Kumwembe who Mphwiyo identified as the shooter, Dauka Manondo, Pika Manondo, Robert Kadzuwa and businessperson Osward Lutepo.

Kasambara, who is representing himself, told the court that prosecutors have “flip-flopped” one-too-many during the trial.

Director of Public Prosecution (DPP) Mary Kachale on Thursday applied to the court for the withdrawal of an application to revoke bail for the suspects.

This was after the key witness Charles Chalunda had turned against the state during his testimony.

Chalunda denied that he knew any of the accused persons and was never threatened in any other way by the suspects, effectively weakening the prosecution weight of evidence.

“Your Lordship, following events that transpired in the morning, we would like to withdraw our application to  revoke bail for all the accused,” Kachale told Lilongwe High Court before Blantyre-based Judge Michael Mtambo.

The withdraw of apprication prompted another defence lawyer, John-Gift Mwakhwawa, to demand that the state withdraw the words “use of mafia like tactics” to intimidate state witnesses.

However, Kachale refused to withdraw the statement, saying the evidence before the state was enough for them to conclude that way.

In the afternoon, Kachale suprìsed the court when she said the Judge should go on and make a ruling on the revocation of bail.

In an interview, Kachale conceded making the withdrawal applications in a hurry without thorough consultations.

She said after scrutinizing the legal implicatìons of withdrawìng the application, they decided to change their mind.

An audio recording of Chalunda was played before the court with him saying Kasambara and Pika Manondo were threatening him.

But Chalunda told the court that he was instructed to say what was contained in the recording.

“ I was told what to say in the recording and I never told them that I was being threatened. I don’t know anything about this,” Chalunda said.

In cross-examination lawyer Mwakhwawa asked Chalunda that he had no knowledge of the case and he is being dragged into the case by prosecutors.

He responded:“Yes they have been forcing me all along I don’t know anything about this case.”

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Yosefe Gambatula
Yosefe Gambatula
8 years ago

The incompetent Mary Kachale and the state has miserably failed on this case.Kasambara and his friends atafunenso misonkho yathu apa instead of misonkho yathu kumanga ma school ndi zipatala zii.High profile people were involved in this cashgate thing.It is the only small Usipa that will languish in prison while the Chejumos like JB and others will be left scot free.Ndiye Malawi yamasiye yopanda chitukuko.Aliyense amangobwera kuzapakulapo ndikumapita.I don’t know if this country will ever change.The whole system of these stupid politicians needs to be overhauled if things are to change for the better.We need a revolution in this country.Anthuwa akudziwa… Read more »

La 40 Lakwana
La 40 Lakwana
8 years ago

Law and other professions is not about becoming contented by mere papers but you need to study very hard and make a proper research.Azimayi ntchito kukhalira ku saloon ndiku ma shower during weekend?Mwabesanso tax payers money kwa Kasambara.Akakhala JB ndi uyo anathawira ku US osawathandiza anzizake achina Phwiyo ndi Lutepo.Look the way how politicians uses other people and dumps you when the going gets hot.Money mumadya ngati mapepala while Malawians were in dire poverty because of your greed and these are the consequences.This is payback time for Mphwiyo and Lutepo.

8 years ago

We should not redicule our own learned Lawyers in the way we give our comments here. A person will give an answer according to the way a question is put to him. Kasambara/Makhwawa and Kita are no champions in this case but they know how to prepare for their defence. The Kachale team are handling this case as supiriors because they feel they bare for the Gvt which in my view will prove themselves to be amatures in this game. You must be mindful that the defence team is not there to lose this case and that they will use… Read more »

8 years ago

Mary is learning now so an intine on such a big case?

Kasambara is Mafia in and out and an hiv carrier what do you expect?
more distribution of hiv. The wife also a big distributor of hiv called M. Namizinga.

Tiyeni nazoni…….

8 years ago

Nkazi ndi nkazi. Kasambara ndi Mary nkuyimisana pa kukamba nkhani. Kwathu amene amakamba nkhani ngati izi amakhala amuna okhaokha. Tawonani akufuna kulira Mary. Kasambara woyeeeeeee!

8 years ago

kasambara is not aman for maffia-like prosecutors.Goverment is weak here,what kind of prosecutors ihave never seen check the defence team…mwakhwawa,kasambara and wapona kita..these guys mean business when they are in court,Goverment would have done thourough investigation on the case before taking it for prosecution.to the other hand the state prosecutors are lacking consistency.The contradiction they are demostrating will just let the suspects free.

Arthur G.M. Mtambo
8 years ago


Peter Leonard
8 years ago

Malamulo mudangowakhwimitsa kwa munthu wosauka. Akagwidwa ataba nkhuku womwewo wakundende. Tukuonanitu

8 years ago

You want a sniper to kill Kasambara just because you have no facts to prove him wrong. Where is justice? Law is about facts and proving the facts right. No kangaroo justice, gone are the days of Kamuzu whereby lawyers sent many innocent people to rote in Mikuyu. The intelligent and clever ones will get away with it. Shame, many innocent guys who can not prove their facts are roting in jails or saving unfair sentences. The world in unfair.

8 years ago

Starring samafa

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