Supreme Court dismisses ACB appeal on Magistrate Mvula, Msungama, Gaffar: Acquittal upheld
An appeal by Anti Corruption Bureau (ACB) against interdicted Blantyre principal resident magistrate Mzondi Mvula, who was acquitted by the High Court in May last year on corruption charges, has been dismissed by the Supreme Court of Malawi.
ACB had filed an appeal against last year’s High Court judgement that acquitted Mvula and two others in a corruption case the trio was answering.
Mvula was, alongside two others, last May acquitted by High Court Judge Geoffrey Mwase after the ACB failed to prove that he solicited a K5 million (about $15 000 at current exchange rates) bribe from a businessperson, Ramesh Patel.
The bureau placed six charges against Mvula and businesspersons Rashid Gaffar and Kondi Msungama, but the judge said the evidence before the court did not prove any wrong-doing against the three suspects.
However, ACB lodged at appeal to Supreme Court arguing that the High Court judge “erred in law” by dismissing the conspiracy to defraud and in applying the high standard of proof beyond reasonable doubt.
A panel of three judges of Justice Edward Twea, Justice Richard Chinangwa and Justice Frank Kapanda ruled that there was no merit to allow the appeal.
“Charging a count of conspiracy together with a count of a substantive offence therefore does not make the charge bad at law, it is an indicative of poor prosecution practice,” reads the Supreme Court determination.
The Supreme Court also dismissed the evidence based on call-logs, saying it doesn’t provide evidence of what callers were discussing or conspiring.
“Having gone through the fact , evidence and the law, in this case, it is our judgement that that appeal must fail and we so order,” reads the judgement.
Good luck Mzondi
Kunenepa by birth, kodi mwatani athu inu?
You can be sure of one thing. Lawyers will always protect each other. Anyone can get convicted in Malawi except lawyers and judges.
If you follow all judgements involving Twea and ena aja justice Unyolo in MALAWI JUDICIARY YOU WILL NOT THAT A LOT NEEDS QUESTIONING OUR JUDICIARY AND NON HAS BEEN CONVICTED AND THE CLOSEST THEY HAVE COME TO IS ACQUITAL AT BEING FIRST OFFENDERS . TAKE THE ISSUE OF ONE KHUZE KAPETA AND HIS TRUST SO IS MZONDI AND WINA UJA KADWA
Shaa wakaka,call logs can not provide evedence what people are discussing.
Ma Lawyer ndi akuba! And amabakilana! In Heaven the Lawywer of Lwayers awit thee! Time will tell
The accussed did not dispute calling each other. In the Kasambara case, it was the wife communicating with friends of the accussed. Thats the difference. A judge can see through a lie. If Kasambara was smart he should have admitted texting or speaking to the murderers. That would not have proved anything. The way Kasambara took on the maid, leaves a lot to be desired. The fact that Mphwyiuyo visited his house did not and could not prove that he Kasambara was involved in the shooting. It could only be an issue in the cashgate trial. . The problem is that Kasambara is trying to be too smart. If I were him, I would hire somebody else to represent me…but thats why some people are called greedy. They dont want to share the “little” they have.
Hehehede poor prosecution practice I like that, these acb incompetents
In a court of cats a rat cannot wina case haahahaaha goodluck mr mwase mwapulumuka zenje lokumbakumba munapitatu bwana
Nyssatimes surely l think the first paragraph nreds editing the appeal was by acb takonzani chizungu apa
What does this one eat? Kunenepa choncho?
INU A’nyasa times’, either mulembe English or choose another language. Don’t slaughter zilankhulo
People in judiciary like saving each others asses.If it was an outsider they would be twisting legal language to make sure that he is netted.No justice on this earth for nonentity.
HEY!! LETS WAIT AND C THE R.K, PHWIYO CASE
Dr Mtambo, a panel of three judges of the supreme court have set pricidence that call logs cannot provide information in terms of what the people were discussing and conspiring. In addition even the principle witness himself, Mphwiyo is a liar. He said Kasambala was at the scene of the shooting and he saw him. Yet the court proved that he was not at the scene of the shooting. In addition Mphwiyo does not know who shot him. In addition there is evidence missing as to who shot Mphwiyo. In addition Mphwiyo said he never wen to the house of Kasambala on the day he was shot and yet the servant for Kasambala said Mphwiyo went to Kasambalas house with a bag of money. If we are to use Mtambos reasoning if indeed the issue that led to Mphwiyos shooting was the money issue, if monies were provided by Mphwiyo, would there be need for Kasambala to shoot him. In addition mention should be made that where state witnesses are in contradiction, judgement must be made in favour of the accused. Mind you Dr. Mtambo, it is better to set free a guilty person than to send to jail an innocent person. In addition conviction should only be done where case has been proven beyond reasonable doubt by the state and not common sense from the judge wish is not even common. Kasambala may be right where he says the judge would want to play the role of a judge and prosecution at the same time. It is up to the learned judge to contradict the determination of a panel of three supreme court judges on call logs.
No comment!
Mmh call logs. Sounds like call logs in the RK-Phwiy case might also not be admissible evidence. However, the two cases are different. It would require the suspect to prove that he left his phone with the wife and that the wife was in Thyolo and travelled from there via namadzi zomba to Lilongwe while communicating with her hubby’s friends.
Call -logs are useless in a court of law,I totally agree.
There is no way anyone can win in a case involving a fellow judiciary. They defend one another. They have thrown out arguments about call logs, but they were going to accept the same arguments if it was a different person. Do not trust the judiciary.
There is a judicial precedent set in this ruling which is crucial in the Kasambara or any cashgate related case ie call logs cannot provide evidence of what suspects were discussing. Ralph wamkaka kuli iweko
Another judgment awaits this case in heven