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State wants Mwaungulu out of Kasambara case

The Malawi Supreme Court of Appeal on Monday failed to proceed hearing a bail application for convicted former minister of Justice and Constitutional Affairs Ralph Kasambara and two others after the State accused presiding judge Dunstan Mwaungulu of “bias”.

Kasambara and his co-convicts—Pika Manondo and MacDonald Kumwembe—applied for bail pending an appeal (which they have since filed) against their conviction.

Kachale (L) with her colleagues Dziko Malunda (C) and Liness Chikankheni outside the courtroom after the adjournment

The trio were convicted last year after being found guilty of conspiracy and attempt to murder former Ministry of Finance budget director Paul Mphwiyo at his Area 43 residence in Lilongwe in September 2013.

However, before hearing of the bail application was made, Director of Public Prosecutions (DPP) Mary Kachale made three objections to the hearing, which included asking Mwaungulu to recuse himself from the case for allegedly already taking a position on the matter.

The DPP also argued that the State was informed about the case two days before the actual day of hearing; hence, it had insufficient time to prepare for it.

She also applied for consolidation of the case where the different applicants were applying in different cases which she said was cumbersome and instead they should just be combined.

The issue related to the applicants using different lawyers where Manondo and Kumwembe have engaged Michael Goba Chipeta and Kasambara was using Lusungu Gondwe.

Asked to be recuse
himself: Mwaungulu

The court consolidated the case and also gave the State time as the Supreme Court rules and practise direction allows a minimum of seven days, and not two days as was the case, within which the State must respond.

However, the judge also said since he had just been served with the application for recusal he needed time to go through the applications. He then adjourned the matter to April 12.

Gondwe also said he needed to consult his client before responding to the application for recusal.

But when asked outside the court to shed more light on the judge’s recusal, the DPP alleged that Mwaungulu had already commented on the case on social media.

She said: “The Malawi Law Society [MLS] has a Google group chat where lawyers post current cases so when one of the lawyers sent the case of Kumwembe against the Republic bail application which the lower court [High Court] had decided there were several comments, some arguing for it and some arguing against it and Justice Mwaungulu joined the lawyers against the ruling. So, we are saying he has already expressed his position in this matter as such he should not hear it.”

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2 Comments

  1. Agreed!! Mr Mwaungulu be careful next time before posting comments on social media. your true colours are well known on this case, please do the right thing and recuse yourself………….Thanks.

  2. Mwaungulu is a fucked up judge. That such a crackpot should be at the Supreme Court just shows how dysfunctional our country is. Folks like him, Dausi, Kaliati, etc. have no business being anywhere near the seat of power.

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