Tag Archives: Kasambara

Malawi state prosecutor wants Kasambara to rot in jail

2018-03-16 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, Top News

Malawi Supreme court grants former Justice Minister Kasambara bail pending conviction appeal

2018-03-14 Lloyd M’bwana

BLANTYRE-(MaraviPost)- Supreme Court of Appeal Judge, Dustan Mwaungulu on Wednesday granted bail to former justice minister, Ralph Kasambara, pending appeal of his conviction and 13-year-long jail sentence

Kasambara, who is also a former attorney general, along side his fellow convicts, Pika Manondo and McDonald Kumwembe—applied for bail in March last year pending an appeal against their conviction in 2016

This means he will be out of the court waiting the appeal case in the same supreme court of appeal.

The court has therefore denied bail to Mandondo and Kumwembe.

The former Justice minister was convicted of conspiracy to commit murder while Kumwembe and Manondo were convicted on attempted murder and conspiracy to murder charges after the shooting of former budget director, Paul Mphwiyo, at his residence in Area 43 in Lilongwe on September 13 2013.

Justice Mwaungulu heard submissions from Director of Public Prosecutions (DPP) Mary Kachale and lawyers for the trio, namely Mordecai Msisha, Michael Goba Chipeta and Lusungu Gondwe.

Presenting their submissions earlier before Judge Mwaungulu, Chipeta representing Manondo and Kumwembe, said they have 17 grounds of appeal.

“It is very clear that the lower court made grave errors that cannot be left uncorrected. The prospects of the success on the appeal are high, therefore, they should be granted bail. The applicants are willing to abide by all conditions attached to the bail. They have the right to liberty and freedom pending appeal,” he said.

Msisha, one of the lawyers representing Kasambara, argued that Kasambara was on bail during trial, saying he is likely to be trusted because the opportunity to abscond was available but was not utilised.

“He is entitled to bail under Section 42 of the Supreme Court of Appeal Act. He has a family and children; he has businesses to run, most likely the possibility of running away is very low. And the prospects of the appeal succeeding are high,” he said.

However, Kachale said looking at the nature of the offence it is not in the interest of justice to grant the three bail.

More details to come on the bail ruling.

Law and order, Politics

Former Justice Minister Kasambara back in court: appeal case on April 3

2017-03-29 Lloyd M’bwana

LILONGWE-(MaraviPost)-The Supreme Court of Appeal will on April 3, 2017 starts hearing a bail application, pending appeal for the convicted former Constitutional and Justice Minister Ralph Kasambara, who was sentenced to 13 years in prison for conspiracy to murder former budget director Paul Mphwiyo.

Kasambara, alongside MacDonald Kumwembe, and Pika Manondo, were convicted last year and confined to Zomba Maximum prison, where they have the last spent eight months.

The three have since, appealed against the conviction, arguing that the High Court Judge Michael Mtambo, erred in sentencing them with evidence based on phone call logs.

Judiciary Spokesperson Mlenga Mvula, confirmed that Justice Dustain Mwangulu, will hear the application next week Monday whether or not to grant bail to Kasambara. Continue reading Former Justice Minister Kasambara back in court: appeal case on April 3 →

Malawi

Confusing Malawi Cashgate Case of Kasambara and Paul Mphwiyo delayed once again

2015-01-29 Maravi Post Reporter

Word from the High Court in Lilongwe is the resumption of the case has been moved to 7 February, trial of former Justice Minister Ralphael Kasambara, Pika Manondo, Oswald Lutepo and two others for the attempted murder of the Director of National Budget at the Finance Ministry, Paul Mphwiyo residence.

The case which was supposed to resume today, 29 January 2015 has now been adjourned to 7 February 2015.

Continue reading →

Malawi

Court in Malawi finds Namata, Kasama guilty of Cashgate offenses in spite of being defended by Kasambara

2015-01-21 Maravi Post Reporter

LILONGWE, Malawi, January 21 (MaraviPost): The High Court in Lilongwe has found two business men, Maxwell Namata and Luke Kasama guilty of theft and money laundering charges in which they attained money amounting to MK 24 Million from the government through illegal encashment of cheques for goods and services they did not offer.

The two who own, Cross Marketing Company were found guilty by Justice Annabel Mtalimanja.

So far, the two had their bail revoked and their sentencing is slated for 2nd February prior to mitigation arguments submission on 29 January.

Namata and Kasama were found guilty despite being represented by famed defense Lawyer Ralph Kasambara who is also answering various charges in the Cashgate scandal.

The two were arrested by the Anti Corruption Bureau (ACB) last year.

So far, only two people, former Principal Secretary in the Ministry of Tourism Treza Namathanga Senzani as well former government assistant accountant Victor Sithole are serving jail terms after pleading guilty and avoiding long trials

Senzani was jailed to three years imprisonment for pleading guilty of theft and money laundering of money amounting to MK6 Million.

Sithole was sentenced to nine years for found guilty of being found in possession of unexplained cash suspected to have been stolen amounting to K112 million, $31 800 (about K13.6 million) and R122 400 (about K4.5 million) in hard cash which was found at his house in Area 47 in September last year.

Court is yet to sentence Malawi Congress Party (MCP) Deputy Director of Youth Wyson Zinyemba Soko on charges related to the Cashgate, whose sentencing stalled due to the strike by support staffs at the judiciary.

Soko was found in possession of K40.9 million ($90 000), attained in corrupt ways Lilongwe Senior Resident Magistrate Patrick Chirwa was told that the accused received K40.9 million through his company Watipaso General Dealers from the Ministry of Tourism, something which according to state witness was not true as his company never had a contract with the government.

Over 70 people are answering various charges in the Cashgate crackdown whose sums are now pegged around MK24 Billion in the report from Baker Tilly.

This comes amid pressure from the donor community to the Malawi government to have all the mess linked to the country`s undisputable biggest financial scandal cleaned.

The Maravi Post