Article By: Lloyd M’bwana
The country’s Supreme Court of Appeal has thrown out the former Justice and Constitutional Affairs minister Raphael Kasambara’s bail application in its entirety.
This comes after 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.
On Friday, November, 20, 2015 Justice Rezine Mzikamanda of Supreme Court of Appeal dismissed all the six grounds Kasambara’s lawyer, Modecai Msiska filed for his client to be released on bail.
Mary Rachael, Director of Public Prosecution (DPP) confirmed the dismissal of the bail application to the local press on Sunday, November 22, saying the Supreme Court has upheld the decision which High Court made on revoking the bail.
The former Attorney General (AG) Kasambara’s legal team filed six grounds for an appeal saying that circumstance of the case and decision Judge Mtambo made in revoking the bail was mainly excessive and wrong in principle.
“The learned Judge was under a mistake fact that the appellant was making before the court to delay the criminal trial when they were moved by the first accused MacDonald Kumwembe.
“The learned Judge erred and misdirected himself in holding that an accused person who makes application before the court, intends to delay the court process when it is clear that an accused person has the constitutional right to fair trial which includes making applications in fulfillment of his constitutional right”,
“The Judge erred in revoking the bail of appellant when there were no grounds upon which could satisfy the court that it was in the interest of justice to revoke the appellant’s bail”, reads in part some grounds filed in court against the revocation of the bail.
This means the former minister Kasambara remains in custody until Thursday, November 26, when the High Court in Lilongwe will meet 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.
There was no immediate reaction from Kasambara’s lawyer, Modecai Msiska on the Supreme Court of Appeal on upholding the lower court of revoking his client’s bail