Court dismisses Kasambara’s appeal
The Supreme Court of Appeal has dismissed an appeal by former minister of Justice and Constitutional Affairs Raphael Kasambara against the High Court verdict to withdraw his bail.
Supreme Court judge Rezine Mzikamanda had earlier reserved his ruling on the matter after the appellant, through private practice lawyer Modecai Msisha, argued that the court erred in revoking the bail.
Kasambara’s bail conditions were revoked by High Court Judge Michael Mtambo on September 23 over what he claimed was an infringement on his private space by allegedly accessing his private information.
But in filing the application, Msisha argued that the trial judge (Mtambo) blundered in revoking the bail because he was a complainant as well as a judge in a matter in which he was the aggrieved party.
On Friday, Mzikamanda threw out Kasambara’s appeal, but Director of Public Prosecutions (DPP) could not be drawn to divulge the grounds for dismissing the appeal.
“This is to confirm that the Supreme Court of Appeal has dismissed the appeal by Raphael Kasambara, SC, against the decision of the High Court to revoke bail in its entirety. The ruling was delivered on Friday,” said Kachale.
This means 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 facing the charge of conspiracy to commit murder in the case of the shooting of former Ministry of Finance budget director Paul Mphwiyo at the gate of his Area 43 residence in Lilongwe on September 13 2013.
Judge Mtambo adjourned the case on November 5 after he also threw out an application by Kasambara to travel to South Africa for medical treatment, saying it lacked supporting documentation.
Private practice lawyer Emmanuel Theu, representing Kasambara in the case, told the court his client had a heart problem that needed specialist treatment by a cardiologist in South Africa.
However, the judge argued there was no documentation that Mwaiwathu Private Hospital had failed to treat Kasambara.
In his medical report on Kasambara, Mwaiwathu medical director Professor Jack Wirima said the accused would be fit to stand trial after 10 days.
Kasambara, former Malawi Defence Force (MDF) soldier Macdonald Kumwembe and businessperson PikaManondo were found with a case to answer in the near fatal shooting of Mphwiyo.
