No bail for Ralph Kasambara

Dec 23, 2015 Politics 154
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Ralph Kasambara

The High Court has again denied to grant a bail to Ralph Kasambara after he had applied for a restoration of the bail, subsequently meaning the former Malawi’s Justice Minister will be behind bars at Zomba Prison during the whole festive season.

Kasambara is facing the charge of conspiracy to commit murder in the case of the shooting of former Ministry of Finance budget director Paul Mphwiyo at the gate of his Area 43 residence in Lilongwe on September 13 2013.

Together with former Malawi Defence Force (MDF) soldier Macdonald Kumwembe and businessperson Pika Manondo, Kasambara was found with a case to answer in the near fatal shooting of Mphwiyo.

Ralph Kasambara
Kasambara continues to remain behind bars.

The ex Minister has this time around not been granted bail after  High Court judge Micheal Mtambo accused him of abusing the process of the court by seeking same relief in the trial court and the Supreme Court of Appeal at the same time.

Supreme Court judge Rezine Mzikamanda had earlier reserved his ruling on the matter after the appellant, through private practice lawyer Modecai Msisha, argued that the High Court erred in revoking the bail.

Kasambara’s bail conditions were revoked by Mtambo on September 23 over what he claimed was an infringement on his private space by allegedly accessing his private information.

“I do not desire to pre-empt the determination of the Supreme Court of Appeal and defer to them to adjudicate on the matter first. Depending on that determination, the applicant will if necessary be at liberty to resuscitate this application before me. It is at that time that the Court will delve into the substantive arguments. I therefore dismiss the application for bail,” said Mtambo in his ruling, a copy which was made available to Nyasa Times by Director of Public Prosecutions (DPP) Mary Kachale after an inquiry on Tuesday.

Kasambara reportedly has a heart problem that needed specialist treatment by a cardiologist in South Africa.

And his family doctor, Lughano Kalongolera, in his affidavit, submitted that Kasambara’s health is deteriorating while in custody at Zomba prison.

But Henry Chibwana, learned special public prosecutor told the court that there has been no change in circumstances in relation to the interests of justice, the basis of the Court’s revocation of Kasambala’s bail.

He submits that releasing Kasambara on bail does not guarantee that the case will be concluded in a timely manner because the delays in concluding the case were there even when he was on bail as for five months since April 2015.

And Superintendent Moses Chigayo, clinical officer in charge of Zomba Central Prison disputes that the health of Kasambara has deteriorated while at jail.

Chigayo said he has been monitoring Kasambara since his incarceration in the prison and after his discharge from Mwaiwathu Private Hospital where he had received treatment and that he has since 7 December 2015 not had serious medical problems apart from mild diarrhoea which has since subsided.

Mphwiyo’s shooting is believed to have opened peoples eyes on massive looting of funds at the capital hill, a scandal that saw donors pull out aid and over 70 people arrested in line with the same.

 

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154 Comments

  1. Why is everyone complaining about Kasambara being denied bail? Is he the only soul that has never wronged anyone but still being kept behind bars? For how long has he been out on bail…and did he do about it while out? Can’t u see the storm brewing among Mphwiyo, Manondo, Kumwembe and Kasambara himself? Is Judge Mtambo foolish and uneducated enough not to see that Kasambara is innocent…if at all he is?? Why is Joyce Banda making herself an ashamed fugitive? When will Malawians open their eyes and start doing good to their own country and people? There is a moment of truth in one’s life and that we all have to take full responsibility of the consequencies of our actions at some point in this life. To have wisdom from God is far much better than PhDs and/or Masters from any institutions of the world. I wish you well Mr Kasambara wherever your right now and i hope you just rot there together with all your accomplices….as many more are still joining you slowly but surely.

    Now..to those that are still plundering and looting the little resoources of the poor Malawians…the massage is very clear…the long arm of law will sooner or later find you and you will be different from the rest. Money or fame will never keep you from prosecution. The craddle has fallen….and indeed it has fallen

  2. Ralph can’t lose this small case. You will pay him. You think you are clever while you are violating the laws by means of dictating. So sad

  7. I think if his issue has nothing to do with politics, he would have been re-granted the bail easily. This should serve as a warning to glutton politicians who abuse power. There is no permanent GOV on earth. Ena ndi awo akulephela kubwera kumudzi.

  8. Keep This Stupid Big Fish In Custody Is A Good Move Osamunyengerera Azaphwekesa He Must Face The Reality Of Law Crazy Lawyer

  10. koma akadzatuluka ameneyi tisazamve zoti wa wina mulandu boma ndikuyambaxo kupereka ndarama zambirimbiri! boma la Malawi xiliwina milandutu paja! nanga omwe alimmbomawo mukuwalekeranji?

  14. ladies and gentlemen let us not rush and try Ralph inthe media this case has somuch fabricated Evidence and the state is goofing abigtime. First and foremost they said mphwiyo mentioned Ralph and others but in all his 3statements which were all taken when these suspects were arrested mphwiyo doesnot mention any of them in any of his statements yet mphwiyo knows all of these people very well.what prevented him from mentioning? Do uknow when in pain people tell the truth? Take mcdonald kumwembe atrained soldier why didnt he runaway all the time hewas on bail if atall he did it? By theway Do you know it has been discovered that this file was prepared wayback before the shooting and this file is dated 31st july2013 bearing the DpPs signature yet mphwiyo was shot in september2013?Do uknow kankhwala chilinda the lead investigator conceded lying that hesaw mcdonald kumwembe whowas in mozambique anight before mphwiyos shooting? Are u aware that charles chalunda whowas said tobe state witness denied telling the state that itwas ralph and others who attempted amurder on mphwiyo but rather the state coached him to say it that way and he refused? Do uknow he even refused handing apistol to chilinda incourt? Are uaware that this so called state witness whowas supposed to be serving an 18yr IHL passed on him by the high court revealed hewas actually coached by the Dpp and others that hewas being threatened by Ralph and others?the fight here is about kasambaras licence but ibet you he will ssucceed in his appeal cz judgeMtambo has ajudgement in his briefcase nowonder hewas not recording very important notes on crossexamination. This world is watching lets wait and see.

  15. Indeed nobody is above the law. This is lesson to all of us in Malawi. Tisamasekani koma kuphuzira kuchita ntchito zabwino. Osamadelera azathu, tisadzikweze, kapena kumawona kuti ena alibe zeru. Kumapatsana ulemu, kugwira ntchito yathu molimbika ndi kuchita zabwino.

  16. Ukakhala ophuzila usamatuzuke. zelu zaumuthu amakupatsa ndi yehova osati sukulu. mudzamufuse solomon akadzaukitsidwa ngati anatumbwilako azake. olo utakhala wophuzila kwambili kma ngati umuthu ulibe nde ndiwe mbatama yothelatu.

  24. Osamusiya Wasakaza Kwabasi,
    Even Or Atayankha Mlandu Okupha,
    Anthuwa Akuziwana Bt Anachenjelesana Dollar Ndkuona Amafuna Kuzimisana Kt Atenge Dollar

  26. Thats what happens when you try to outsmart people in regarding yourself as clever than anyone. He has been reduced to a tissue paper, kkkkkkk, thats the way it is (Lucky Dube)

  29. This is world remember God is not sleepng watch out, Jesus is coming so soon to make his ruling on this earth and the truth will be known to everyone all what is happening behind the curtans, you can fool the world but you cant fool Lord of lord King of kings Judge of all judges Lower of all lowers thats Jesus Christ

  31. Great these shows that nobody is above the law next time JB and Muluzi must be in jail for crimi curruption their have committed not onl junior we need big culprit also

  35. Mungowakumbutsa a lawyer WO(Ralph) kuti khilisimasi yatsala tsiku limodzi!Iwowa kumangidwadi?alipo odziwaso malamulo kuwaposa??

  37. What are the reasons forwarded for denial of bail? Otherwise it is a constitutional right and be applied impartially to all citizens of Malawi.

  38. Bail ya chan kodi?….there are pipo who deserved bail not that tycoon

  39. As a tonga man, i just want my heroe a good health so that when the day comes, he must be able to defend himself and make us proud. We are behind him in this darkness. This isnt a true case but MTAMBO vs KASAMBARA. Private issues

  43. Ralph is wrong I agree with this but these achimwenes they want to destroy all strong leaders from northern region, where is the money for genda _Edingeni road,Bingu told us that the money was available during his regime ,don’t take us as fools u will see the how tumbukas react when there angry

  47. Monga Malawi wamtendele sitimakhulupilira konse ziwawa, Ndiyeno Galu akachita chiwewe inu mukudziwa mmene zimakhalira apa chilango chokhwima chiyenera chipelekedwe

    3. Amasiya Nkhani Za Law Zimatengela Ma Precedents,milandu Imaweruzidwa Malingana Ndi Ma Cases Ambuyomo,for Example Ngati Munthu Akuimbidwa Mlandu Wopha Munthu Which Means Judgement Iyenera Kukhala Yofanana,

    5. Munthu Azilangidwa Akapezeka Olakwa By The Competent Court Kasambara Akuzunzika Asanampeze Olakwa Mtambo Akuziwa Zimenezi Nanga Akazampeza Osalakwa? Kasambara Asinthe Judge Wa Mlanduwu Chifukwa Mtambo Has Personal Issues With Ralph For The Sake Of Justice

  51. why are you wasting our time, just sentence him to life imprisonment period

  52. Malawians Dont Rush To Say So Many Things When Has Problems ,mind You Criminal Cases Are Too Difficult To Prove Beyond Reasonable Doubt And He Can Be Acquitted

  53. Judge Michael Mtambo Has Personal Issues With Kasambara That Not Fair As Far As The Interest Of Justice Is Concerned,th Constitution Is Very Clear All Crimes Are Bailable

  54. Amalawi Mukulakwisa Ponyoza Munthu,muziwe Kuti Munthu Aliyense Ndiwosalakwa Pokhapokha A Court Amupeze Olakwa,pakali Pano Kasambara Akumukaniza Bail Chifukwa Chani?Mlanduwu Walowa Ndale

  59. Hahahaha Raph Kasamphala and the Antony general ndi Kalekeni Kaphale and the DPP is Kachale. Hahahaha Kasambara uli mmadzi. You can’t mess up with a judge. Uyiziwa bangwe sunati. How many sick Prisoners are there in the prisons awaiting hearing!

  60. Ananjoya kale kape ameneyo ndiye bolanso kungofa,koma zikatele mulungu amakusiya ndi moyo kuti ulape komanse uphunzire

  68. being a public figure doesn’t mean ua above every situation,u ought to know wat 2morrow’s bring is it positive or negative.Mark ma words nobody is above law,no matter wat it will persist.Our superior loger dat,dont ever say Malawi sananene.Our court kip it up,u deserve my appliciation.

  71. this guy must face the law amakula mtima kumaona ngati iyeyo ndi lawyer opambana muonese amve kuwawa ma judge apa malawi

  72. lnu ndiulendo big kufuna kupha nzanu chifukwa chani? hahahaha choipa chitsate mwini apa inu wakuti ndende basi ngati Ndinu Oziwa lamulo muzipulumutseeee!!!!!!!!!!!

  79. We thank some judges who follow the rules of your job! This guy there is no need to give him bail, lizikhala phunziro kwa enaso amene ali ndi mkhalidwe wangati wa ameneyi, pomapanga zosakhala bwino podzithemba kuti ndi odziwa malamulo, adzadzipulumutsa akamapanga zopusa zaozo.

  82. Breaking news KING BUYILEKHAYA DANIYEBO of aBathembu pple is spending Xmas behind the bar too.who is kasambara????,??? Tumbuka noise too much

  111. Judge Mtambo is having personal issues against Kasambara. He want to out shine Kasambara out of hate. Justice denied here, bail should be grated to Kasambara and go on with a court case

      1. I aggree with u Mbuwa…alot of people here are commenting without reading carefully and understand this whole story in it’s context. Mtambo has nothing against Kasambara…he is only executing his duties as a judge.

    4. Now the court has an authority to grant someone a bail following the conditions, remember Kasambara was once released on bail, ndye should we say udaniwo wayamba pano? Bro its not only Kasambara detained, among them there is also manondo and macdonald with him too, so what are you trying to say?

  113. An eye for an eye waoooooo wonetsanani nokha odziwa malamulo nu kakakakaka eshh Ralph yyyy o dis plz???????? One tyme u were the shinning star of our country so now……..am sorry brada its part of life carry on.

  115. This bustard has to lot in there, asamatenge ngati Malawi Wa gogo ake, Kuphunziradi sikuchotsa uchitsilu eti? Now he has realised nobody is above the law. #foolishkasambara!

  120. ALL CASHGATE CASES NOONE MUST GET BAIL YOU MUST BE TOUGH ON THEM SO THAT OTHER PEOPLE MUST GET A LESSON

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