LILONGWE-(MaraviPost)-The Supreme Court of Appeal will on April 3, 2017 starts hearing a bail application, pending appeal for the convicted former Constitutional and Justice Minister Ralph Kasambara, who was sentenced to 13 years in prison for conspiracy to murder former budget director Paul Mphwiyo.
Kasambara, alongside MacDonald Kumwembe, and Pika Manondo, were convicted last year and confined to Zomba Maximum prison, where they have the last spent eight months.
The three have since, appealed against the conviction, arguing that the High Court Judge Michael Mtambo, erred in sentencing them with evidence based on phone call logs.
Judiciary Spokesperson Mlenga Mvula, confirmed that Justice Dustain Mwangulu, will hear the application next week Monday whether or not to grant bail to Kasambara.
In the court document sourced by The Maravi Post, and which was filed by the convicts’ lawyer, Messrs Gobs & Rechtswissenschaft, argues that it would be in the interest of justice that his clients be granted bail.
Kasambara’s affidavit argument supporting the notice for the bail, include that the appellant is unlikely to abscond as he is a Malawian citizen with assets in the country, a wife and children, and that prior to his conviction, he was practicing and running a law firm.
Kasambara, who also served as Attorney General (AG) in the PP-led government, further argues that he has spent over eight months in custody, without any progress of his appeal. This is despite the fact the appeal is very likely to succeed.
While on Kumwembe and Manondo, the bail applications argue that they have permanent places of residence and strong ties within the jurisdiction of the court, and that when granted bail previously, they did not evade trial and complied with all the relevant conditions.
Mphwiyo’s shooting on September 13, 2013, is widely believed to have been the genesis of cashgate revelation pointing to the plunder of public funds at Capital hill in the Lilongwe.
