State delays Kasambara appeal case: Asks for three months to submit arguments
Convicted former minister of Justice and Constitutional Affairs Ralph Kasambara will have to wait longer for his appeal bid as the State has asked failed to meet the deadline to to submit skeletal arguments at the Malawi Supreme Court of Appeal by June 27 2018, asking for about three months (90 more days).
The former minister of Justice and Attorney General Ralph Kasambara and others are appealing sentences and convictions in the attempted murder of former budget director Paul Mphwiyo.
Kasambara, who had been in prison for one year and seven months but was granted bail by Justice Dunstain Mwaungulu in March, is appealing the conviction and sentencing for conspiring to murder, while former Malawi Defence Force (MDF) soldier Mcdonald Kumwembe and businessperson Pika Manondo were convicted of attempted murder.
State prosecutors have told the court that they were prosecuting what they termed “a very complex Cashgate case” involving Mphwiyo and 18 others.
“We are of the humble view that a period of 90 days from to date hereof would be a more appropriate time for the State to be given to prepare and file skeletal arguments in this matter,” reads court application by State prosecutor Enock Chibwana
The application will be heard on July 10 2018.
In granting bail, Mwaungulu observed that there seemed an apparent contradiction on finding Kasambara not guilty of the attempted murder charge and finding him guilty of the conspiracy to murder.
Said the judge: “The prosecution case, on the same evidence, against the appellant’s attempted murder charge based on that the third appellant agreed to commit the crime—the third appellant, as procurer or conspirator, was a principle offender.
“In effect, the third appellant [Kasambara] was acquitted as principal because he never conspired or procured the crime. A finding later that there was a conspiracy cannot be explained on the general principle that a conspiracy is treated differently from the substantive crime—or its failed attempt.”
The judge also observed earlier that the sentences passed were close to maximum and, in context, were passed against first offenders, adding the sentences were likely to be reduced.
The judge said the lower court wrongly based its findings on call logs, arguing they may have been discussing several other issues apart from what the State linked them to.
Kasambara, who served as minister during the administration of Joyce Banda, was given a 13-year jail term by High Court judge Michael Mtambo for conspiracy to murder in a crime linked to a multi-billion kwacha corruption ring.
The High Court also convicted and sentenced Pika Manondo and McDonald Kumwembe to 15 years each for attempted murder of Mphwiyo who survived gun wounds, an incident that led to the revelation of the corruption scandal widely known as Cashgate.
Mphwiyo’s shooting on September 13 2013 at his Area 43 residence in Lilongwe exposed Cashgate, the wanton plunder of public funds at the Capital Hill where billions of kwacha were abused.
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Anthu ena ndiofinika kundende basi to protect the society.Call logs are enough evidence. Mtambo etc is a very good judge.
Do the call logs say what the three were discussing?
If according to the call logs kumwembe was in area 12 could he have shot Paul in area 43?
Ine mulandu umenewu sikumveka bwinobwino
Inenso ndikuona kuti nkhaniyi sikumvekadi. Anthuwa akumana maloya okhaokha ndiye sizingayende.m Opalamula Lawyer, Oimilira boma maloya. Oweluza Loya. Mbuyo monsemu ndakhala ndikuumva kuti appeal ku supreme court pamakhala ma Judge osachepela atatu koma apa pali munthu mmodzi. Abwanawa ku High Court adanenapo kuti mboni yao yayikulu ndi Joyce Banda pano Joyce wabwela koma sizikudziwika kuti kodi mai banda aitanidwa kuti akapuleke umboni wao? Ndipo funika kutero mmalo momalimbana ndi ma log calls coz panthawiyo mai banda adanena kuti akudziwa amene adaombera mphwiyo. Maganizo anga ndioti chilungamo pankhaniyi chingachitike pokhapokha mai banda atapeleka umboni wao. Adalakwa Judge pogamula nkhani asadamve mbali… Read more »
The problem with Malawian judges is that they do not understand technology. They are very behind. Call logs can be used to convict someone. Here is why: Call log tell you where someone is. Just check on your phone the master you are using. It will tell you where you are. Justice Mtambo established that there was active communication among the three people Manondo, Kasambara and Kumwembe on the night and the following day of an attempted murder of Mphiwyo. Those call logs tell you that the three people were discussing something. The call logs indicate where someone is. For… Read more »
Foolish. Do call logs say exactly what people where discussing? They don’t, and that’s what is needed it court, recorded phone calls not fucking call logs
This is law you have to prove beyond doubt not that the call logs, if you could have talked about sms detailing the act yes not just that the people show that they called each other no there must be other evidences then the call logs being the secondary evidence. Mtambo erred & Mitambo & Kasambara have got a beef in between them somebody must enlighten me cos Mitambo on this case was not professional .
“What they were communicating is neither here nor there”? “But the fact of the matter is that they were planning and discussing something sinister”? Please get yourself a basic book on law. It will help you to think legally.
Meaning if icall someone a friend who at atime am calling is stealing it will mean am also an a thief???
be serious plz
In law we don’t assume, just because there was interaction between these people it should not be concluded that they were planning. We don’t plan on a phone… This is witch haunting…… Let those accused mention that we were sent by kasambara and not using call logs