By: Lloyd M’bwana
The former Malawi Justice Minister Raphael Kasambara has appealed against Justice Rezine Mzikamanda of Supreme Court of Appeal’s ruling on upholding of bail revocation in its entirety which the lower court made on ground of interfering with justice.
The development comes after a week Justice Mzikamanda on Friday, November, 20, 2015 dismissed all the six grounds Kasambara’s lawyer, Modecai Msiska filed for his client to be released on bail.
Kasambara’s legal team challenged the bail revocation High Court Judge Michael Mtambo made on September 23, 2015 after noticing that the accused person was allegedly interfering with justice.
In his ruling, Judge Mzikamanda backed the lower court for moving its own motion saying that it was important for purposes of justice and equity but also to assist the court in proper case management and observed that there was sound proposition of law that a court has the discretionary power to revoke bail where it considers that there is good reason for doing so.
“This must necessarily involve the balancing of personal interest of the accused and the interest of justice, in the same way it is done for granting or refusal of bail under section 9 of Part II of the Bail (Guidelines) Act of 2000.
“The appellant court will not overturn a decision of a lower court arrived at in the exercise of its discretion merely because the appellant court would have exercised the discretion differently. For the exercise of discretion to be faulted it must be demonstrated that there was blatant abuse of the discretion power by the lower court. It has not been so shown in this case and this appeal therefore fails and it is dismissed”, concludes Justice Rezine Mzikamanda of Supreme Court of Appeal’s ruling on upholding of bail revocation in its entirety.
According to an appeal notice The Maravi Post has sourced from the court, Kasambara’s legal counsel has appealed against Justice Mzikamanda’s judgment of upholding High Court revocation of the accused person bail which the defense seeks for its restoration.
“Do hereby give notice that the appellant desires that the said appeal or application be considered and determined by the court”, reads in part the appeal notice filed at the Malawi Supreme Court of Appeal dated November 25, 2015. However, the court is yet set a date for the hearing.
The former Justice minister Kasambara remains in custody after the High Court in Lilongwe stretched it muscles on Thursday, November 26, adjourning the case till December 11, 2015 when the same court expects to continue hearing his case in which he is answering charge of conspiracy to commit murder in the case of the shooting of former budget director Paul Mphwiyo at his residence gate, area 43 in the capital Lilongwe on September 13, 2013
