The High Court Judge Michael Mtambo on Tuesday, October 13, 2015 demanded a comprehensive medical reports for the former Justice and Constitution Affair Ralph Kasambara to justify his failure to appear from court proceedings on conspiracy charges against former budget director Paul Mphwiyo.
Raphael Kasambara the first accused in the trial failed to appear at Lilongwe High Court on Tuesday as he was reportedly admitted at Blantyre Adventist Hospital claiming he is unwell.
Judge Mtambo issued the court order after the state through Mary Kachale, Public Prosecutions’ Director asked the court to give the order upon getting conflicting medical reports from two medical doctors on the same.
Kachale’s application rose upon lawyer representing Kasambara family members, Manuel Theu served the court and DPP medical document one from Kasambara family Doctor Luano Kalongera which showed that the former Attorney General’s health needed serious observation for the next 21 days and that he could only be fit for the trial after the said days.
But in another letter on Kasambara health reference letter signed by heart specialist from Holland, Doctor David Saunders of Blantyre Adventist Hospital who is said to be the right person since is also a family doctor who understands the health background of Kasambara.
This prompted DPP Kachale questioning the legibility of the two reports as what capacity doctor Kalongera issued the medical report instead of the hospital’s official doctors which Kasambara is
currently admitted.
“My Lord, doctor Kalongera wasn’t supposed to issue the sworn affidavit but Blantyre Adventist hospital since it’s where Kasambara is receiving medical support. This will clear our suspicions on these two conflicting statements on the suspect’s fitness to stand for the trial.
“We don’t need to read much in what is contained in the two report as it’s a private issue. Therefore, the state seeks for comprehensive medical report on Mr. Kasambara”, said DPP Kachale.
Judge Mtambo therefore issued an order to Blantyre Adventist hospital doctors to release a comprehensive medical report to the court by Wednesday, 9am and the case has been adjourned to 14:30 hours on Wednesday, October 14, 2015.
On Friday, September 24, 2015 Kasambara condition worsened which led prison authorities at Zomba evacuating him to Mwaiwanthu Hospital but was later referred to Adventist Hospital in Blantyre where is reportedly in the Intensive Care Unit for a heart-ailment as his condition remains critical but stable under police guard.
