Mphwiyo Shooting Case: Kasambara, Kumwembe Bail Reinstated

Kumwembe

Kasambara 

Lilongwe High Court has reinstated bail of the first accused McDonald Kumwembe and third accused Raphael Kasambara in the case of attempted murder trial of Paul Mphwiyo.

The two applied to the court last month that being in prison, they were failing to interview their witnesses and also failing to defend themselves because they were denied access to computers and internet where they could use to do some research.

Through their application the accused also told the court that having stayed long in custody they have been more cooperative so far.

"This court finds that it is appropriate that the accused bail be restored to its original status and that bail conditions will remain the same to where it was when the ruling was made of the revocation of the bail." ruled Mkandawire

But he has given them two more conditions in addition to the original bail conditions

"The other condition is that the accused should not grant interviews to media and should also display interest to see the case continued undertake and hereby abide with court to proceed deligently as defending this matter and not undertake delaying tactics" ordered Justice Mtambo

The first accused who is regarded as the shooter, McDonald Kumwembe , bail was revoked some five months ago while the third accused bail was revoked some four and half months ago following bail revocation application by the Director of Public Prosecution (DPP) Mary Kachale that the accused were threatening the security of the Judge.

The first accused landed himself into prison following his application for the recusal of the Judge which revealed occasions of the Judge movements after a ruling which found him with case to answer was made.

While the third accused, a former Justice Minister, Raphael Kasambara bail was revoked on grounds that he was not showing interest to have the case concluded in good time through applications to have judge recused and that application made by the first accused was done by him.

The application to have their bail reinstalled was opposed by the state who argued by indicating that there were still threats to the Judge security.

However, when passing the ruling, Judge Michael Mtambo underlined that the overriding matter was to have he case concluded and not concerned over Judge security.

"This court is not concerned over the Judge Security matter because the issue of security is always is in God's hands, so the overriding matter is to see the case concluded in good time without any delays" said Mtambo before the ruling


"The accused persons remain innocent until they are found guilty and convicted" added Mtambo