BLANTYRE-(MaraviPost)– Former justice minister and Attorney General Raphael Kasambara who escaped from prison through Supreme Court bail in 2018 after being sentenced to 13-year jail term, for conspiracy to murder a civil servant, will be back in court end of this year.
Kasambara was found guilty by Judge Michael Mtambo of conspiracy to commit murder together with two others, former former Malawi Defence Force Soldier MacDonald Kumwembe and businessman Pika Manondo who were convicted of attempted murder of former Budget Director Paul Mphwiyo.
Malawi Supreme Court of Appeal judge Dunstan Mwaungulu, sitting as a single Supreme Court Judge, released Kasambara in March 2018, as he was pending appeal on his conviction.
But reports reaching Maravi Post indicate that the case will return to the Supreme Court of Appeal on December 9.
Kasambara’s Lawyer Lusungu Gondwe confirmed being served with the notice saying the matter is set before a panel of seven Justices of Appeal.
“This is purely for the appeal against the conviction of Mr Kasambara [and others]. We have not heard anything on the request which the DPP [Director of Public Prosecutions Mary Kachale] made at the time of Mr Kasambara’s release. My presumption is perhaps that she abandoned that route,” he said as quoted in the print media.
Michael Goba Chipeta who is representing Manondo and Kumwembe also confirmed having been served with the notice.
“We will argue the appeal on the set date,” he said.
High Court Judge Michael Mtambo convicted the three and sentenced Kasambara to 13 years, while Manondo and Kumwembe were sentenced to 15 years imprisonment with hard labour.
The three appealed against their conviction and applied for bail pending the conclusion of the appeal case in the Supreme Court of Appeal.
On March 14 2018, Supreme Court of Appeal Justice Dunstain Mwaungulu released Kasambara on bail but could not release Manondo and Kumwembe on bail.
Immediately after the ruling, Kachale asked the court to pend its decision to free Kasambara on bail but the court asked her to make a formal application.
The shooting of Mphwiyo in 2013 opened a can of reports of massive plunder of government money at Capital Hill dubbed Cashgate.
The day Mphwiyo was shot outside the gate of his Area 43 residence in Lilongwe, Kasambara was meeting former South African president Thabo Mbeki.
However, Judge Mtambo relied much on circumstantial evidence in his ruling delivery.
“The remaining evidence, although mostly circumstantial, is strong enough to convict. With regard to Kumwembe, the description of him as being a tall and slim young man, corroborated by other prosecution and defence evidence discussed in this judgment, places him on the scene of the crime at the material time,” read part of the judgment.
Kasambara maintained his innocence claiming his conviction was as a result of “miscarriage of justice” pointing out that the trial judge Mtambo was “compromised.”
