Judge Recusal Application by Kasambara Refused

The High Court in Lilongwe has refused an application to force Justice Michael Mtambo Recuse himself from presiding attempted and conspiracy to commit murder case of former budget director Paul Mphwiyo in 2013.

Application made by Raphael Kasambara, a lawyer and accused in the conspiracy to commit murder has been refused and ruling details to be made this Friday.

Mtambo said he has no reason to recuse himself placing confidence in his ability to remain impartial adding that he did not find reasonable grounds on which to base the perception by Kasambara that he will be bias.

Immediately the judge refused the application, Kasambara expressed interest to challenge the decision to the Supreme Court of Appeal.

This further brought an argument where the state had position that the matter is not at appoint that defense should appeal to Supreme Court as the decision was not final order while Kasambara argued that there are authority cases to prove that what the judge had pronounced was a final order.

Both state and defense have submitted their position and the ruling is expected this Friday.

Come Friday, Judge Michael Mtambo will make two rulling, on full detailed reasons for the court Dismissal of refusal of recusal and then on whether the judge ruling is an order which can be appealed against or not.

On Wednesday Michael Mtambo also dismissed stay application made by Kasambara as he takes the matter to the Supreme Court.

Kasambara wants judge Michael Mtambo to recuse himself from the case citing that the the ruling on case to answer, the judge had predetermined issues that should have been decided at the end of judgement of the case, a development which according to the accused fears that the judge may use the same during final judgement.

During last court session Kasambara further mentioned that there is apparent bias and that Judge Mtambo is too involved siding with prosecution.

Kasambara says Mtambo for introduced “extraneous judicial information” such as Cashgate and predetermining the guilt of the accused persons without evidence during his ruling on whether the accused had a case to answer. Kasambara also wondered where the judge got evidence that there was ‘Cashgate’ between the two when Mphwiyo, in his testimony, had denied any involvement in Cashgate and that his role as budget director did not put him directly responsible for making payments.

Kasambara answering conspiracy to commit murder is in the case together with two other persons McDonald Kumwembe and Pika Manondo are answering attempted murder charges and the case is in defense trials.

The state also made its submissions that there cannot be an appeal in this matter on the recusal because what the judge pronounced was not a final judgement. But Kasambara maintains no saying the state position that this is not a final judgement is wrong, there are authorities that he knows which say that his is final order.