As former Justice Minister Ralph Kasambara is still battling for his life at Mwaiwathu Private Hospital for a heart problem, High Court Judge Michael Mtambo has turn down his plea to access medical treatment in South Africa.
Kasambara, one of the accused in the attempted murder of former Budget Director Paul Mphwiyo filed the application through his lawyer Emmanuel Theu, saying his client need special treatment in South Africa as his condition is worsening.
In his ruling on Thursday, Mtambo said there is no documentation that Mwaiwathu [Private Hospital in Blantyre] have failed to treat Mr. Kasambara.
“As long as the third accused [Kasambara] is in custody, this trial will never finish.
“There was [the case of businessperson-cum-politician Osward] Lutepo and it was agreed that trial could proceed in his [Lutepo’s] absence. Please, ask your client if he would be in agreement. Secondly, we should meet on the 26th of November to continue this case,” said Mtambo.
Professor Jack Wirima’s report indicated that Kasambara would be fit to stand trial after 10 days.
“Mr. Kasambara will be fit to stand trial after 10 days. He will be discharged tomorrow and on the 13th November he will be treated as an outpatient,” reads in part.
On his part, Director of Public Prosecution (DPP) Mary Kachale wondered why the defence was questioning an expert opinion from Wirima.
Kachale then asked the defence to choose a hospital of their choice, have their client examined and provide the report to court.
Meanwhile the High Court has revoked Macdonald Kumwembe’s bail after finding him in contempt of court.
