Mtambo dismisses Kasambara’s plea for judge recusal

The High Court on Wednesday dismissed an application by f ormer 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, seeking recusal of Judge Michael Mtambo from the hearing the case.

Kambara: Wants Judge Mtambo out

Kambara: Wants Judge Mtambo out

High Court Judge Michael Mtambo

High Court Judge Michael Mtambo

Mtambo said he has no reason to recuse himself placing confidence in his ability to remain impartial.

The judge said he did not find reasonable grounds on which to base the perception by Kasambara that he will be bias.

He will give full detailed reasons for refusal to recuse himself on Friday.

Kasambara who accused Mtambo of “playing the role of prosecution advocate” in the case, indicated he will lodge an appeal at the Malawi Supreme Court so that the judge disqualify himself from the case.

He accused Mtambo 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 Cashgate 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 a warrant of arrest for him

But Mtambo said allegations are specious and fallacious.

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.

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Keen Observer
Guest

Mtambo akukakamira bwanji poti ma judge ndi ambiri????

nikisi
Guest

Why was the judge saying things that were not proved in evidence, remains to be seen.

Omex70
Guest

Kasambara has contributed to the poverty levels of Malawians. Time has come for him to face the music. The problem with him is that he wrongly thinks that he is bigger and wiser than anyone else including God and he always wants everyone include God to fear him. Michael Mtambo do your job. L a40 lakwana la Ralph.

zoona
Guest

Ndiye Mtamboyonso akuwoneka wa chamba kuposa iweyo Kasambala. Usova umayenda mmbali. Whether Mtambo recuses himself or not you will still be in the cooler boy. Uwafunse anzako a MCP what happened when the judge recused himself and a new judge took over. Did it change their electoral fate???

Tate wa matate ;
Guest

Koma pokhala ndi Kasambala muona akutuluka koma tonse tikudziwa kuti ndi MURDER CASE koma achikhala mphawi linali kalekale ku MAULA

mtumbuka ndi deal
Guest

akuziwana awa musalimbane nawo ndalama amagawana….

Ngongoliwa
Guest

Malawians be careful with Kasambala, he is a mafia and his actions are but delaying tactics. Human rights yes but he wants to abuse the rights. What Kasambala is doing demonstrates that he is on wrong side of the law. Plz no more delays m’mangeni asatiputsitse, tisamangomva za iyeyu daily!!!!!!!!!!!!!!!!

Maximum Prison
Guest

Tick tock tick tock tick tock the clock is getting to closer for Kasambara to face justice! You can run but you can not hide. Every problem has an expiry day so Kasambara has been a problem in Malawi therefore his expiry day is close!

Mbanangwa
Guest

For cases of this nature will need a jury.

Mbanangwa
Guest

This is not a simple case as it appears to be portrayed by different commentators. Judge Mtambo will not have an easy ruling. Most commentators on this page have already judged Kasambara as guilty, sorry to tell you that facts of law do not go with public sympathy.

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