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