Kasambara raps Judge: ‘Mphwiyo’s shooting did not lead to cashgate revelations’

Malawi’s former Justice Minister Ralph Kasambara, one of the suspects in the shooting of former Ministry of Finance budget director Paul Mphwiyo, has quashed High Court Judge Michael Mtambo assertions that following the shooting cashgate affair was discovered.

Trial by error

Kasambara: Accuses Judge Mtambo of exercising journalistic licence of introducing extraneous prejudicial evidence

In his submission seeking the judge to recuse himself from the case, accusing him of bias, Kasambara a prominent lawyer defending himself, faulted the learned Judge for introducing into the case “extraneous information” which he said is “prejudicial but inadmissible” that only gives rise to apprehension of bias.

According to Kasambara, Judge Mtambo introduces cashgate scandal into the shooting case when he writes: “Mr. Paul Mphwiyo, at the material time Budget Director in the Ministry of Finance, was shot at the gate of his house in Area 43 Lilongwe after 11 p.m. on the 13th September 2013. There were several attackers that approached him before being shot by one who was slim and tall and wearing a hood. This attack led to the revelation of wanton looting of public funds dubbed the cashgate scandal.”

Kasambara submitted that Mphwiyo’s shooting “did not lead to revelation of cashgate.”

He argues that the Anti-Corruption Bureau is on record that they already received information of cashgate looting on 11th September, 2013.

Apparently, the arrest of accounts assistant Victor Sithole – currently serving nine years in jail with hard labour for his part in the “cashgate” corruption scandal – in August 2013 kick-started what became known as the “cashgate” affair – the worst financial scandal in the country’s history.

It became public knowledge a month later following the shooting of Mphwiyo.

“So where did the Judge get this wrong information?” wondered Kasambara.

He adds: “And why did he exercise the journalistic licence of introducing such extraneous prejudicial evidence into the case especially when [Kasambara] was a politician and a serving Cabinet Minister at the time of Paul Mphwiyo’s shooting”

Kasambara states that the reasoning of the judge “becomes apparent when one considers a follow up extraneous prejudicial information again manufactured by the Judge disputing the legal position and factual position.”

Instead, Kasambara argues that the Judge introduces his own theories of the case of cash.

“First, he subtly suggests that this case had something to do with the infamous Capital Hill cashgate undoubtedly, the trial Judge has taken an active interventionist role in the proceedings,” argues Kasambara.

“He has simply descended into the arena and assumed the role of the prosecution advocate.

“The State theory was that Mphwiyo was attacked because he refused to pay favoured companies of the 4th Accused (Kasambara) The Judge does not believe that as it is not supported by any evidence. Instead the Judge embarks on his own voyage of discovery of a theory to support conviction of the 4th Accused person,” reads the arguments filed in court.

Judge Mtambo ruled Kasambara, Pika Manondo and McDonald Kumwembe have a case to answer on the attempted assassination of Mphwiyo.

Mtambo ruled that the evidence tendered by the state had proved a prima facie case against the accused persons.

The judge, however, acquitted three other suspects Oswald Lutepo, Dauka Manondo and Robert Kadzuwa of conspiracy to commit murder charges saying the prosecution team did not present sufficient evidence implicating the accused persons.

Meanwhile, Judge Mtambo has refused to recuse himself from the case, dismissing the bias accusations as fallacious.

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Kadonapati
Guest

Ralph is absolutely correct.The judge is only being emotional..he further says;”in my opinion cellphone is personal to holder”.His opinion not what the law says to the applicable facts in the case.I see the judge has already convicted in his mind.He’s prejudiced,no doubt about that.

Young masamba
Guest

Kp fire on burnng!

Young masamba
Guest

Koma ndikanakhala ine bwenzi pano ndili kundende.koma ine ndimayamika yam’mwamba-mwambayo pakuti sagona kuteroku akukuonani nonse amene mukumsewesa mulunguyo popondeleza chilungamo koma choonadi mukuchiona,pakuti kwamulungu ndikumene kuli chilungamo cheni-cheni

belekiya
Guest

I think Kasambara has a point. The Judge has to recuse himself.

skip
Guest

Noone is above the law, tiyeni nazoni. But u shud also think about the ones already in prison nkhani iyiyi isanayambe, tikungozungulila koma chilungamo tikuchidziwa.

A Gondwe Wakalamba
Guest

Judge Mtambo that is indeed very unethical. Kasambara has a very valid point unless you tell the nation differently there is no point in mixing the two ngati munthu wosaphunzira.

By the way how old is the judge, mwina tiyamba kuyankhula zambiri, pomwe nawonso anakalamba ngati a Badall Gondwe.

Chisaka mbawala
Guest

Chauluka chidzatera whether in piaces or intact

Chimani. Game
Guest

Put peter mathanyula.in prison first.

mphatso
Guest

we are wasting tax payers money even more….just put this guy in prison for fifty years or more and we forget about him.so crooked

Mwendanato
Guest

BRAVO JUDGE MTAMBO LET US NOT SET BAD PRECIDENCIES IN SUCH CASE AND DO NOT BE THREATENED BY KASAMBARA LET HIM KNOW THAT YOU A JUDICIAL CHISULO CHANJANJI ANDDO NOT LET HIM INTIMIDATE YOU. HE KNEW THAT THE BEST OPTION LEFT FOR HIM IN THIS JOURNEY TO PRISON IS BY DEFENDING HIMSELF. KODI WACHIBWANA IWE MPAKANA LITI UKUOPSEZA MAJAJI

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