Mphwiyo Shooting Case: DPP Says Kasambara Threatened Her As The Accused Pray For Bail, Access To Computer While In Prison

Director of Public Prosecution (DPP), Mary Kachale on Wednesday had recused herself from commenting on bail application for Raphael Kasambara after she openly said she was afraid of him following a recent incident where he had threatened her and spoke in her face that she was the reason why court had revoked his bail last year.

After third accused, Kasambara who is answering the charge of conspiracy in the attempted murder trial of former budget director Paul Mphwiyo had finished submitting his request to have his bail revocation dropped, the DPP said she was not going to comment anything as she was still terrified by threats made by Kasambara during their recent closed meeting where he also made accusations that she was responsible for his bail revocation.

“I would like to recuse myself from commenting on bail application for the third accused because he threatened and shouted at me in our recent meeting. He reached the point of mentioning my name that You Mary, are the reason why I am in prison.” revealed Kachale 

She indicated that it was State Counsel, Enoch Chibwana who helped to ease the tension in the room when he quickly made himself seat between the two.

“I Came out of that meeting while shaking and am still shaking now" she added

However, court did not comment on the claim made by the DPP.

Kasambara On Wednesday asked court to let him free on bail because restrictive conditions in prison are barring him from interacting with his witnesses and that he is also failing to access to medical attention.   

But, Justice Michael Mtambo ruled that the third accused should make a formal bail application which the State would be expected to respond to. 

The third accused also made a second request asking the court to make directive that prison officials must allow him to have access to supporting materials like computers where he can use to do research and write some valuable documents for the court proceedings. 

Kasambara said he is being denied to fair trial in the ongoing case because he is being restricted to access to computer.

But Director of Public Prosecution (DPP), Mary Kachale responded that the state was not aware that the accused were not allowed to access to computer and said if were informed, a good arrangement could have been made to provide defense with such facilities.

When making his ruling on the matter, Justice Michael Mtambo ordered that “access to computers for the research, should have a restricted access in accordance with the prison orders."

Last year, court revoked bail of both Raphael Kasambara and first accused McDonald Kumwembe for number of applications which were delaying the proceedings of the case and on security issues. 

Former Justice Minister, Raphael Kasambara is answering conspiracy while second accused, Pika Manondo and first accused, McDonald Kumwembe are answering both conspiracy and attempted murder of their friend also former budget director Paul Mphwiyo.

Paul Mpwhiyo was shot outside the gate of his house in area 43 in Lilongwe in the night of September, 13th 2013.