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HomeMalawiFormer Malawi Justice Minister Raphael Kasambara, Kumwembe and Manondo convicted of conspiracy...

Former Malawi Justice Minister Raphael Kasambara, Kumwembe and Manondo convicted of conspiracy to murder Mphwiyo; to appeal

Manondo and Kumwembe handcuffed after conviction enroute to Prison
Manondo and Kumwembe handcuffed after conviction enroute to Prison

LILONGWE (Maravi Post)—Reading a spiritual book probably given to him by his spiritual father Prophet Shepherd Bushiri of the Enlightened Christian gathering Church, former Malawi Justice Minister Raphael Kasambara, together with the two others William Kumwembe and Pika Manondo were found guilty of the charge of conspiracy to murder former Malawi budget director Paul Mphwiyo.  The other two, Kumwembe and Manondo were also found guilty of an attempt to murder Mphwiyo by Lilongwe High Court Judge Michael Mtambo.Following the guilty verdict, Mtambo revoked bail for the three and have been remanded to prison pending sentencing.

The attempted murder of Paul Mphwiyo opened a Pandora box of the worst financial scandal in Malawi history which the local media dubbed Cash gate. After the shooting of Mphwiyo, Malawi President then—Joyce Banda— said she knew who shot Mphwiyo but backed down when she was pressed to name them.

The offence of conspiracy to murder is guided by section 227 of Malawi’s penal code.

Reads the section in question:

“Any person who conspires with any other person to kill any person, whether such person is in the Republic or elsewhere, shall be guilty of a felony and shall be liable to imprisonment for fourteen years.”

According to the above section, the maximum sentence the convicts may get will be 14 years in prison and the attempt to murder offence is guided by section 223 of the penal code which says that “any person who (a) attempts unlawfully to cause the death of another; or (b) with intent unlawfully to cause the death of another does any act, or omits to do any act, which it is his duty to do, such act or omission being of such a nature as to be likely to endanger human life shall be guilty of a felony, and is liable to imprisonment for life.

Kasambara being taken to Prison pending sentencing
Kasambara being taken to Prison pending sentencing

In his analysis, Judge Mtambo showed that Manondo only slept for three hours before resuming calls to Kasambara and others. He also said that the passport of 1st accused Kumwembe which claims he was in Mozambique during the shooting is suscipious. The judge also said that the evidence of Kasambara’s maid Jessie Mussa, was incorrect in some parts but was forthright and brave.

In the final analysis, Mtambo convicted the three of conspiracy to murder Mphwiyo.

Raphael Kasambara, who refused to leave court in handcuffs and was arguing with police to allow him without being handcuffed, an argument he won, told the media that Judge Michael Mtambo was compromised in handling the case and stated that he will appeal the judgment and typical of a religious person, Kasambara said “we shall overcome.”

 

 

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