Flamboyant lawyer, former Minister of Justice and Constitutional Affairs Raphael Kasambara was cleared of the charge of attempted murder, however the judge has allowed the charge of conspiracy to commit murder on one Paul Mphwiyo shooting to proceed.
The Case against Oswald Lutepo fail apart when the detective in charge of the investigations admitted in court that there was no evidence linking him to any of activities that happened. So it was just a formality that the judge dropped all the charges in this case.
Acquitted alongside businessman Oswald Lutepo was one of the Manondo brothers Dauka as the judge determined there was not enough evidence presented by the prosecution to proceed against him.
Raphael Kasambara, who chose to represent himself and four others were accused of attempting to murder former Ministry of Finance budget director Paul Mphwiyo.
The former justice minister was accused alongside Pika Manondo, Dauka Manondo, James Kumwembe, Robert Kadzuwa and Oswald Lutepo.
Making his determination at Lilongwe High Court Judge Michael Mtambo formally acquitted businessman Oswald Lutepo and also Dauka Manondo.
On Kasambara, the Judge acquitted him on the first count of attempted murder, choosing to disbelieve Paul Mphwiyo who mentioned that he saw the former Justice Minister at his home among the attackers late in the trial.
Mtambo also faulted the state prosecution team for failing to tender the note which Mphwiyo said he wrote while in hospital mentioning the names of those who attacked him.
According to Mphwiyo, he gave the note to his aunt who was also not brought before the court to testify.
However, the judge noted that through the testimony presented in court, it proved that Raphael Kasambara and Paul Mphwiyo were involved in some activities that required further investigations.
The Judge however said the State has made out a prima facie case against attorney Kasambara on conspiracy to murder which the lawyer needs to defend himself.
Meanwhile, Lutepo’s lawyer, Oswald Mtupila, said he was “happy and relieved” that his client has been acquitted and enables his client to sue for a compensation for unlawful arrest.
