The Malawi government has heavily criticized a medical report by Raphael ‘Ralph’ Kasambara’s personal doctor that the ex-Justice Minister is not fit to stand trial and requires one week close medical supervision, Malawi24 has learnt.
But what has raised the eyebrows of the public prosecutors is the medical report compiled by Kasambara’s personal doctor that the ex-justice minister is not fit to stand trial and needs to be under close medical supervision for over weeks.
However, the report compiled and signed by heart specialist from Holland, Doctor David Saunders of Blantyre Adventist Hospital revealed that the accused was fit for the trial after two or three days .
The development comes in after Lilongwe High Court Judge Michael Mtambo ordered the state council to have an independent doctor to assess Kasambara.
This follows satisfaction by Mtambo with the report from Blantyre Adventist Hospital brought into the court on Wednesday the 14th October which stated that the former Attorney General was not fit for trial within eight to ten days contradictory to the previous two reports brought into the court on Tuesday October 13.
Regarding to these three contradicting medical reports on the same patient- Kasambara , Judge Mtambo suspected foul play on the matter on whether Kasambara was really sick or he was just faking the illness to delay the court proceedings .
This has forced Director of Public Prosecution (DPP) Mary Kachale to conclude that the defendant aim is to delay the trial with the motion Kasambara earlier made to have the judge presiding over the case recuse himself.
Kasambara, one of the accused suspects to have conspired to nip the life of the then Malawi National Budget Director, Paul Mphwiyo, forced an adjournment as he developed a problem while in custody following the revocation of his bail.
As we went to press, it was expected that the report of Kasambara’s fitness to stand trial would be revealed today. This could be the second high profile case trial could proceed with the suspect using a wheelchair.
Lutepo’s attended his last sessions of his trial using a wheelchair.
Kasambara was evacuated to Mwaiwathu Hospital from Zomba Prison on 24th September before being referred to Adventist Hospital under guidance of the police
Meanwhile, Judge Mtambo has been adjourned the case to October 26 , 2015 , the date which the court will determine on the future of Kasambara ’s fitness for the trial based on an independent medical report to be identified by the state .