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Judge recuses herself in Mphwiyo shooting case
The judge in the case of the shooting of former Malawi budget director Paul Mphwiyo has recused herself following allegations from the defence that she was under pressure which could prejudice the impartiality of the trial.
Justice Esmie Chombo was assigned the case due to start today (Wednesday) in which five accused persons who are former Minister of Justice Ralph Kasambara, businessman Pika Manondo, Dauka Manondo, Robert Kadzuwa and Macdonald Kumwembe are charged with attempted murder and conspiracy to commit murder.
The victim, Mphwiyo also came for the plea taking but he was heavily guarded by Police and court officials while the five accused persons all came to court, including Pika Manondo who is still in custody in Kasungu.
However the start of trial has met with a slight hiccup following instructions from Kasambara and Pika Manondo to the defence lawyers who have asked Chombo to recuse herself based on comments she allegedly made that she was receiving pressure from unknown quarters over the shooting case.
Following the pre-hearing which took place in the judge’s chambers today, Director of Public Prosecutions told the media that the judge had agreed to recuse herself based on the fears of the defence.
For more details and analysis read tomorrow’s THE NATION.
judges are sworn to be neutral and independent. recusal should not be made on every little perceived allegation of feared bias. taken to its extreme every judge will be accused of bias in a bid to frustrate prosecution of a case.
Malawian judges are becoming so unreliable. May be we should not have Malawian judges after all since they are all afraid to be judges for any case related to politics. May be we should have experts from other countries to be appointed judges if Malawian judges are always afraid in performing their duties. Why paying these judges a lot of money and all we hear is they are afraid to do their jobs because of bias , the defendant is a friend to my son, the defendant is a family friend etc….this is disgrace to the justice system if judges engage in this norm.
It seems Malawian judges are too weak to safeguard their responsibility of being impartial. A worrisome situation indeed and the nation will continue spending millions of kwacha for no service rendered, a raw deal isn’t it?
Malawi is too very, where every big goon knows the other, so it is difficult to prosecute a neighbour. However, we need to look critically at these recusals, they have become a “prato do dia” for the lawyers shunning away from their responsibilities. Koma wina akaba nkhuku or bakha ndiye magown yaviyavi. Iam not chaffed by this development AT ALL !!!!!
now you believe that if there is rottenness in Malawi it is the criminal justice system spearheaded by the Judiciary. the Judiciary has been and is one of the most corrupt institutions in Malawi. Their judgements are biased, full of corruption and they have made Malawi Prisons a home for the poor man while crimes of the rich have not been prosecuted with judges recusing themselves, matters delaying until all the evidence is destroyed. The dishonourable judge must not only recuse herself but must also resign because she is proving to be incompetent always recusing herself on matters of serious national importance. when are you going to make relevant decisions from the bench to assist one aspect of Malawian life dishonourable Judge?
Then what is the Attorney General and Minister of Justice doing on this serious allegation that the judge was receiving pressure from certain quarters. Is this not an issue worth investigation. Is Kasambara telling the truth or is it just part of buying time. Somebody said said there will be drama in this Kasambara case. Is this not the beginning of the drama. Fahad Assan and Kalemba will dance this year.
Ma bodyguards angakhale mazoba a kwa biwiwo,ma bouncer omuteteza ku ndeu akamamwela money ya cash gate.kodi anachila adzamwanso?
She must resign…I think she is not a judge.