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.
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.