Kasambara thrown into jail

High Court Judge Michael Mtambo on Wednesday revoked bail conditions for former minister of Justice and Constitutional Affairs Raphael Kasambara over alleged infringement of the judge’s private space by secretly accessing private information.

In the case, Macdonald Kumwembe and Pika Manondo are facing charges of conspiracy and attempting to murder former Ministry of Finance budget director Paul Mphwiyo at the gate of his Area 43 house in Lilongwe on September 13 2013 while Kasambara faces the charge of conspiracy to commit the crime.

In his ruling delivered in the High Court in Lilongwe, the Blantyre-based Mtambo, in his usual relaxed mood, told the court that there was evidence that Kasambara breached his bail conditions and was not showing cooperation with the courts.

Said the judge: “Reading through Mr. [Macdonald] Kumwembe’s application in which he was seeking my recusal, it was evident that the third accused [Kasambara] had a hand in it. Otherwise, how was it that Mr. Kumwembe did not understand his own English? When I cross-checked Kumwembe’s letters with those written by Kasambara, I noticed some similarities, meaning Kumwembe could not have written the letter on his own.”

The judge, who dismissed Kasambara’s request to effect bail revocation from Friday to attend to personal issues, observed that in his application seeking the judge’s recusal, Kumwembe told the court that “he got a copy of my CV [curriculum vitae] from a well-wisher, but it is clear to the court that Kasambara is the one who had the CV before Kumwembe and that it was in fact Kasambara who later approached Kumwembe; hence, his [Kumwembe’s] application for my recusal.”

Mtambo also cited examples of how Kasambara, who also previously served as Attorney General, revealed personal information about High Court Judge Esmie Chombo.

After revoking Kasambara’s bail conditions, Mtambo immediately called the defence to begin giving their testimony, but Kumwembe, who was first in line, said the State was not helpful in ensuring that his witnesses were available.

But Director of Public Prosecutions (DPP) Mary Kachale said: “The accused is not being honest to the court. He, in fact, already has a witness ready, why is he lying like this?”

In response, Mtambo said: “When did the accused [Kumwembe] know that he would need witnesses that he should be telling the court that his witnesses are not ready? We need to proceed with this case and Mr Kumwembe, it is your turn.”

But Pika Manondo, another suspect in the case, asked the court to give Kumwembe some time to put together his questions since he was unrepresented.

Mtambo also cautioned Kumwembe against responding to questions with other questions, telling him: “We are doing serious business here. We are not joking, how can you say that? I have told you that you are not the one asking questions here, your job is to respond, okay!”

The case has been adjourned to October 13.