Malawi Supreme Court of Appeal Judge Dunstain Mwaungulu’s comment on a lawyers’ Google group led to questions over his neutrality hence an application to have him recused from the case of former minister of justice and constitutional affairs Ralph Kasambara.
But making a ruling on an application by the Director of Public Prosecution (DPP) for him to stop hearing the bail case Kasambara on Monday in Blantyre, Mwaungulu refused to give space for someone to proceed with the case.
Mwaungulu challenged the application of the DPP saying he will not recuse himself since he is not biased.
Meanwhile, DPP is yet to take a step further following the ruling.
Kasambara and his co-convicts—Pika Manondo and MacDonald Kumwembe—applied for bail pending an appeal (which they have since filed) against their conviction.
The three were sent to prison by the High Court last year for the attempted murder of Mphwiyo.
The DPP said Mwaungulu already took a stand on the matter since he argued against conviction of the three by the lower court in a Google group chat for Malawian lawyers.
