Tag Archives: Director of Public Prosecution (DPP) Mary Kachale

Law and order, Malawi, Top News

Malawi state prosecutor wants Kasambara to rot in jail

Special Absalom

There was a little tension at Blantyre High Court on Wednesday after Judge Dunstain Mwaungulu granted bail pending appeal to former Justice Minister and Attorney General, Ralph Kasambara.

Soon after the Judge had passed his two-hour judgment, the Director of Public prosecution (DPP) Mary Kachale was seen running up and down making efforts to meet the judge.

About 15 minutes later, the court met again in chambers but the public as well as the media were denied entry, a thing which raised eyebrows.

However, soon after the short meeting, the DPP refused to comment on the matter saying “Whatever we were discussing was not for public consumption, which is why it was in chambers. So right now, I can’t say anything”.

But Kasambara told the media soon after the mini court session that the DPP was not happy with the bail, hence calling on the judge to revoke it.

“She said she will appeal before nine judges to consider revoking the bail. But am not surprised because we have not been in good terms since the case started but am looking forward to the appeal,” said Kasambara.

He then expressed his happiness about the new development saying it is a sign of relief not only to him but also to his accomplices as they too are now assured that justice will soon take its course.

The appeal in as far as the case is concerned is expected to commence May, according to Kasambara.

However, his accomplices Pika Manondo and Macdonald Kumwembe were denied the bail on the grounds that they did not follow proper procedures in as far as bail pending appeal is concerned.

Kumwembe and Manondo were consequently sentenced to 15 years and 11 years imprisonment each on the convictions of attempted murder and conspiracy to murder, respectively.

Kasambara was convicted after being found guilty in conspiracy to murder in the shooting of the former Budget Director, Paul Mphwiyo’s case in 2013.

Law and order

Malawi court rejects Mphwiyo’s RSA medical trip; state doubts application authenticity 

Henry Chizimba
Mphwiyo: court denies him access to his passport to travel to South Africa for medical attention

LILONGWE-(MaraviPost)-The High court seating in the capital Lilongwe, on Monday denied former budget director and cash gate suspect, Paul Mphwiyo access to his passport to enable him to travel to South Africa for medical attention.

The court’s denial follows the State Prosecutor’s  argument that he doubted the authenticity of the application Mphwiyo had made to the Court.

The former budget director’s passport is currently with the Anti-corruption Bureau (ACB), and follows Court ruling which demands he apply for its release any time he has a medical need to travel outside the country. This is as per terms of his bail.

Justice Esmie Chombo, ruling on the application, rebuffed the medical trip and urged Mphwiyo to oblige to the bail condition by making a fresh application with the necessary supporting documents.

According to the State’s application argument, Director of Public Prosecution (DPP) Mary Kachale, told the Court that it does not deny Mphwiyo his right to medical treatment, but that the right procedures were supposed to be followed. This would be by filling supporting documents.

DPP Kachale argued that the application was made very close to the time of travel and without providing them with adequate time to cross-check the authenticity of the documents accompanying the application.

Kachale told the Court that the State’s efforts were frustrated by inadequate time between the application, and the court appearance.

The State indicated that at least a period of five to seven days, would be sufficient to verify documents filed in the court; it also argues that it would assist the court in its determination of the application.

The State Prosecutor added that there were no guarantees that Mphwiyo would not be a flight risk, and that there was no submission of proof of payment or payment plans, as required by medical procedure he is to undergo.

Further to that, the State further argued that the application did not submit any referral assessment from any doctor in Malawi.

“Without unnecessarily going into the academic arguments, any reasonable person would agree that the State has raised very critical, genuine, and pertinent objections. The applicant needs to furnish the Court with the full details and the necessary documents in support of the application. This, inevitably, necessitates a fresh application, and so, I order,” concludes Chombo’s ruling.

This means that Mphwiyo defence team needs to make fresh application to the court, after going through all required procedures if he is to be allowed to go for medical attention in South Africa.