Mphwiyo Shooting Case: Kasambara Gets 13 Yrs, 26 For Manondo, Kumwembe

Kasambara gets 13 years for conspiracy 

Manondo and Kumwembe gets 26 years 

Former Justice Minister, lawyer, Raphael Kasambara has been sentenced to 13 years imprisonment for conspiracy while Pika Mandondo and McDonald Kumwembe have been sentenced to 26 years imprisonment for conspiracy and attempted murder of former budget director Paul Mphwiyo.

Mpwhiyo Shooting Case: Kasambara Calls Guilty Verdict "Staged Justice"

Kasambara to make appeal

The third accused Raphael Kasambara has described the verdict by Justice Michael Mtambo as "staged justice" and expressed intentions to appeal.

Mphwiyo Shooting: Kasambara Found With Contempt For Threaten To Slap DPP

The High Court in Lilongwe has found with contempt of Court and subsequently censure the third accused Raphael Kasambara for threatening the Director of Public Prosecution (DPP) Mary Kachale that, he would have slapped her if sentiments she made inside the Court were made outside courtroom.

Kasambara: I would slap you

Kasambara answering attempted murder of Paul Mphwiyo was heard in court shouting "I would slap you for that" when the DPP raised an objection as he was cross-examining second accused Pika Manondo about the issue of distance and time it takes one to drive to Mr. Paul Mpwiyo's House.

In her objection, Kachale asked Kasambara to question Pika about distance and time takes one driving from Ufulu gardens to Paul Mpwhiyo residence and not from Kanengo because according to Kachale, Pika had used the route before, when going to Mphwiyo’s house.

This did not sound well with Kasambara who reacted by stating that the DPP was "insinuating" that Pika was present at the shooting and that with her assertions, she has brought no evidence to prove that Pika was present at the scene. He then angrily shouted that he could have slapped her for such remarks because were provocative.

"I find the third accused in contempt of court and I censure, not to repeat this kind of behavior from now onwards" ruled Justice Michael Mtambo immediately both sides had finished making impromptu oral submissions

Before the final ruling was made, Judge observed that this was second time Kasambara has made such remarks of this nature to DPP.

“The other time in Chambers I had asked Mr. Chibwana to sit between you and DPP. And this conduct in the face of court is disrespectful of the presence and the authority of the court. I therefore cite you of Contempt of Court.”

Kachale: I am speechless 

Immediately Kasambara uttered his aggressive words Kachale looked very shocked and she reacted by saying "I am speechless"

She told court that she felt the threat was “beyond bar” and was “stretching beyond the limit of decency." She then asked Judge to call for a break but got reply from Justice Mtambo that he could not allow a break if it is Contempt of court.

But Kasambara told court that he was simply saying if it happened outside the court that she made such remarks he would slap her but he cannot do that in court, then added “I meant you are lucky that you are in court”

Kachale reacted further to say “This is a form of violence and intimidation.” She said Kasambara was trying to intimidate her in the presence of the court and described his conduct as “blatant contempt.”

"This is a gender issue. I feel he would not have done that to male officer of court because they could have met and deal with each other outside” said Kachali who further mentioned that such remarks were also meant to demean her office because it is being headed by a female person.

Chibwana

State Counsel, Mr. Enoch Chibwana, when asked by court to speak on the matter, he said this incident was not first time for Kasambara as he had done it before in the chamber but the repetition of the same seem the accused has failed to learn lesson.

“The third accused is not an ordinary man in court. He is a senior counsel who must show exemplary behavour not only in this court… And allowing this type of behavior to be done at the court of this magnitude it leaves a lot of questions unanswered” he said adding that this was a right platform to provide a appropriate action

However, Kasambara apologized for his conduct and promised never again to allow such a thing to happen even if he is provoked.

“Am sincerely sorry, My Lord, these words did not mean to undermine the authority of the court… it was a vulgar statement made in the heat of the moment… I will try as much as possible even if provoked again”

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.

Mphwiyo Shooting Case: Mpinganjira Not Ready To Testify As His Summon Delayed

Brown Mpinganjira

On Thursday, Brown James Mpinganjira, failed to give testimony in the ongoing attempted murder case of former budget director Paul Mphwiyo because summons which were sent by the registrars’ office never reached his hands.

Mpinganira, former People’s Party (PP) Vice President for the Southern Region was expected to stand in court before Justice Michael Mtambo to inform the court what he knows about the attempted murder of former budget director Paul Mphwiyo in September 2013.

Judge presiding the ongoing case, Justice Michael Mtambo directed court that following evidence, it was necessary to call Mpinganjira whose name has been mentioned through ought. Victim, Paul Mphwiyo was first to name him when he told court that prior to his shooting former minister of information, Mpinganjira alerted him that people who are threatening him to make dubious payments had given him ultimatum of 10 days to live if he continues not to comply.

On Thursday morning, the former Mulanje Central Legislature, Mpinganjira, actually presented himself to court and held closed door meeting with both parties where he informed them that he never came to testify because court summons never reached him therefore he needed more time to spend with his lawyer since he was not ready to testify.

Chibwana

“What happened was that there was some kind of communication breakdown.” Explains Enock Chibwana, state advocate, “The one who was sent to Blantyre to give him the summon was "told that Mr. Mpinganjira lives in Mulanje and he did not travel to Mulanje to hand him the summon. Unfortunately, this information was never relayed to the court”

However, Chibwana said “Had he relayed the information that there was need to travel to Mulanje we would have done so. But since there is proof that he wasn’t served with the summons it is in the interest of justice that he should prepare himself before he takes stand”

 

Director of Public Prosecution, Mary Kachale informed court after the closed meeting with Mpinganjira that he will testify in the next sitting of court scheduled for  27, 28 and 29 January, 2016.

Later, in the day, Chief Secretary to the Government, George Mkondiwa who testified around ministerial engagements which Kasambara had starting on 13th September 2013 the day Paul Mphwiyo was shot and on 14th of September.

Mkondiwa replied to Kasambara during cross examination that "it would be surprising" to hear someone stating that on 13th September Kasambara was with Mphwiyo around 3pm following tesimony last year by his former nanny who claimed that on 13th September Kasambara was with Paul Mphwiyo who was later shot that night.

Later, the court heard testimony from Mercy Mwadiwa from Reserve Bank whose testimony concur with that made on yesterday by an economist Daniel Jenya that there was investigative meetings early September on suspicious rise in government expenditure immediately Paul Mphwiyo was appointed as budget director.

Paul Mphwiyo was shot the night of 13th September, 2013 while serving as budget director.

This unearthed massive plunder of public resources which led to number of arrests of public officers and business gurus.

Former Minister of Justice, Raphael Kasambara, is answering Conspiracy while two others, McDonald Kumwembe and Pika Manondo are both answering the same charge together with attempted murder.

Cashgate Case: High Court To Rule Wyson Soko 'Appeal' On Conviction, Sentence

Wyson Dzinyemba Soko serving his seven and half years imprisonment was back in court on Wednesday morning, appeared before presiding judge, Justice Lloyd Muhara for appeal hearing against his conviction and sentence.

The former Deputy Youth Director for Malawi Congress Party (MCP) was on 28th January this year handed a prison sentence after being found guilty of siphoning K40.9 million from Ministry of Tourism through his Wymbaso General Dealers on charges of theft and money laundering.

On conviction Soko through his lawyer Robert Kadzakumanja said there is no evidence to support the conviction of theft and money laundering charges.

"Evidence given was insufficient to warrant conviction" said Kadzakumanja while on sentence, he argued that it is excessive and it must be reduced assuming that the conviction will be sustained.

Early this year, when Soko was being sentenced by Senior Resident Magistrate Patrick Chirwa, the Magistrate in its Judgement directed that the two sentences should run consecutively. But Mr. Soko's argument in his appeal is that would like two sentences run concurrently.

However, Prosecution lead by Enoch Chibwana argued that the conviction on both counts (theft and money laundering) is safe because there is sufficient evidence.

Among others the State said Soko's bank account statement indicates that he received Cheque from Government through his company Wymbaso General Dealers yet  rendered no service and that he admitted of the transaction.

"The state is contented that the conviction on theft was appropriate and justified. With regard to conviction of money laundering the applicant received money with full knowledge that it was proceeds of crime. His actions to proceed to deal with the money accounts to money laundering which is under section 35 subsection 1 of subsection C of Money Laundering Proceeds of Serious Crimes and Terrorist Financing Act... The applicant is correctly convicted of money laundering." Argued the state

On the issue of sentence, State argued that the sentence "is not excessive and is reasonable" considering the reasons the lower court gave when passing the sentence which includes the economic problems and interrupted services from Government following his participation in the looting of public money.

The state further said "there is nothing wrong in the magistrate giving him consecutive sentences because that is acceptable at law as long as the court gives reasons" which the magistrate gave reasons why he opted for consecutive sentences.

"Our appeal therefore is that this appeal hearing should be dismissed in its entirety and costs be awarded to State" pleaded the state

In his application, Soko is also asking court to consider his dettoriating health which the state said there is no sufficient evidence.

Meanwhile, the matter has been adjourned for judgement to a date to be fixed by the court.

Wyson Soko was charged and convicted of two counts of Theft and Money Laundering; on theft he was given four years while for money laundering he was handed three and half years.

Wyson Soko pleaded not guilty to all two charges of Theft and Money Laundering and he  become a third convict to get a prison sentence since the commencement of prosecution of Cash gate cases.

During his trial, Soko named Godfrey Banda as the person who deposited the cheques to Wymbaso General Suppliers but was coy to reveal more details of that person

Cashgate Case: Justice Kachale Accept Recusal Application in Kasambara, Wapona Case

Justice Chifundo Kachale has recused himself from the Money Laundering case involving former Justice Minister and lawyer Raphael Kasambara together with four other persons including one of the renowned lawyer, Wapona Kita.

Kachale recusal on Monday follows two applications by first accused Raphael Kasambara and third accused Pika Manondo.

However, from the two applications the Court disallowed for lack of merit Mr. Pika Manondo’s application at the same time upheld request of the first accused, Raphael Kasambara. 

The suspects general fear, was the Judges relationship with the incumbent Director of Public Prosecution (DPP) Mary Kachale spouse to the judge. 

The two suspects argued that the relationship throws into serious doubt the impartiality of the court and raises question of bias and that the best thing was for the Judge to recuse himself for justice to manifestly seen to be done.

The letter dated 9th April 2015 signed by Ralphael Kasambara, the DPP (judge spouse) must be ultimately responsible in the case though it is being prosecuted by Mr. Enoch Chibwana. The application further pointed out that the present proceedings are closely associated with the trial before Justice Kapindu in Zomba involving one Oswald Lutepo which is being prosecuted by the DPP Mary Kachale.

In his application, Pika Manondo said cannot expect a fair trial before Justice Kachale court since there are allegations against his brother Dauka Manondo, purportedly for threatening the DPP.

When disqualifying Manondo application Justice Kachale said the observer application lacked pertinent aspects; not reasonable, fair-minded and had no adequate information. He added that the apprehension of bias itself was also not reasonable in the particular context.

“Applying the pertinent and legal principles to the present facts it is rather hard to appreciate the jurisprudential of logic of Mr. Pika Manondo’s application for my recusal” said Justice Kachale 

“It is rather difficult to appreciate how this fortuitous development impugns the integrity of these proceedings.

In the first place, my spouse is not presently involved in these proceedings, secondly the present proceedings are about Mr. Pika Manondo and his alleged in specific criminal acts. There is no suggestion that my family is pursuing some personal vendetta of some kind against him and his brother.” Argued Justice Kachale

“It is respectfully suggested that to grant that vexatious motion would actually undermine the integrity of the criminal justice system; hence it is declined.” he concluded

But Justice Kachale accepted to recuse himself from the case following arguments presented in the application of the first accused Raphael Kasambara which cited the linkage of the present case with that of Oswald Lutepo in Zomba.

“There can be no disputing the clear evidential link between this trial and the one before Justice Kapindu which is currently being prosecuted by Director of Public Prosecution herself.

“In fact that was the very reason why the state requested that this case should be postponed until the Zomba trial has been concluded-thus we are informed these two proceedings are closely related in some manner.” Observed Justice Kachale

He said “In all fairness, therefore I would be reasonable for an informed observer to question the impartiality of this court given the closeness of the ties with the officer prosecuting the other associated case in Zomba; on that strict basis alone my court would not insist on presiding over this case.”

For the avoidance of any doubt Justice Kachale said “had the other trial before my brother Justice Kapindu been prosecuted by anyone else from office of the Director of Public Prosecutions (Other than the incumbent who is also my spouse) the present application would have failed”

Following Justice Chifundo Kachale recusal in this case, the Registrar of High court will re-assign the case to another judge but the suspects will remain on bail.

Raphael Kasambara, Wapona Kita, Pika Manondo, Oswald Flywell Lutepo, Roosevelt Franklin Ndovi, and Fletcher Arnold Kaizo are accused persons in this case.

Among other charges in the case, the suspects were charged with found in possession of proceeds of crime: eleven motor vehicles and K5.616 billion (five billion and six hundred and sixteen million nine hundred and eighty one thousand) which they knew or had reason to believe represented in whole or in part directly or in directly stolen money.

Kasambara, Wapona Kita and Manondo are also answering a charge of being found in possession of K55 million suspected of being stolen.

Read full text of Judge ruling and background of the issues here Chifundo Kachale recusal on case involving Kasambara, Wapona and others