Kasambara freed
Convicted former minister of Justice and Constitutional Affairs Ralph Kasambara yesterday walked to freedom after Malawi Supreme Court of Appeal judge Dunstain Mwaungulu granted him bail. He had been in prison for one year and seven months.
But Kasambara’s co-convicts—former Malawi Defence Force (MDF) soldier Mcdonald Kumwembe and businessperson Pika Manondo—were not as lucky as the judge denied them bail, but ordered for a speedy appeal hearing.
The bail ruling was not devoid of drama as Director of Public Prosecutions (DPP) Mary Kachale instantly asked the court to put aside the decision to free Kasambara pending her application to revoke his bail. However, the court advised the DPP to make a formal application for the same.
In granting bail to Kasambara who was convicted to 13 years for conspiracy to murder former Ministry of Finance budget director Paul Mphwiyo, Mwaungulu read his judgement from around 11.30am to 1.45pm.
The judgement sent Kasambara’s friends and family, including his wife Maggie, into jubilation. They could not help but clap hands as the judge left the courtroom.
However, the celebrations were shortlived as Kachale and her prosecution team rushed to the judge’s chamber and it later transpired that she wanted to make an application before Mwaungulu to suspend his own judgement so that Kasambara remained in custody.
Confusion ensued as a court official announced that the court was reconvening on the same matter and asked everyone to take their seats.
Mwaungulu asked the court official to order everyone out of the courtroom except the legal teams for both the applicants and defence.
After the closed-door session, the DPP declined to disclose to journalists what happened during that session, arguing it was a chamber matter.
But Kasambara said the DPP wanted the judge to suspend his own ruling so that he remained in jail.
He said: “They want to apply before nine Supreme Court of Appeal judges to revoke my bail so that I remain in jail. They are not happy to see me out. You know throughout this issue we have had that cat and mouse relationship.
“We have said it all along that you cannot convict somebody based on call logs. The Supreme Court has made that decision before [that no one can be convicted based on call logs]. The Supreme Court has agreed with us today.”
In his judgement, Mwaungulu observed that there seemed an apparent contradiction on finding Kasambara not guilty of the attempted murder charge and finding him guilty of the conspiracy to murder.
Said the judge: “The prosecution case, on the same evidence, against the appellant’s attempted murder charge based on that the third appellant agreed to commit the crime—the third appellant, as procurer or conspirator, was a principle offender.
“In effect, the third appellant [Kasambara] was acquitted as principal because he never conspired or procured the crime. A finding later that there was a conspiracy cannot be explained on the general principle that a conspiracy is treated differently from the substantive crime—or its failed attempt.”
The judge also observed earlier that the sentences passed were close to maximum and, in context, were passed against first offenders, adding the sentences were likely to be reduced.
The judge said the lower court wrongly based its findings on call logs, arguing they may have been discussing several other issues apart from what the State linked them to.
Mwaungulu dismissed an application in September last year by the State for him to stop presiding over a bail request by Kasambara and the two others.
Kasambara, who served as minister during the administration of Joyce Banda, was given a 13-year jail term by High Court judge Michael Mtambo for conspiracy to murder in a crime linked to a multi-billion kwacha corruption ring.
The High Court also convicted and sentenced Pika Manondo and McDonald Kumwembe to 15 years each for attempted murder of Mphwiyo who survived gun wounds, an incident that led to the revelation of the corruption scandal widely known as Cashgate.
