First accused in the shooting case of former Budget Director Paul Mphwiyo, Macdonald Kumwembe has asked the presiding judge to recuse himself from the case, accusing the judge of having pre-judgment on the case
Kumwembe made the application in the High Court in Lilongwe on Tuesday when the case of attempted murder and conspiracy to murder Mphwiyo resumed before Judge Michael Mtambo
In the application filed before High Court Judge, Kumwembe said: “the judge had already pronounced the guilty sentence on them, otherwise why did he [the judge] travel with a police officer with a gun on his way [back] to Blantyre?”
Reacting to the claims, Director of Public Prosecution (DPP) Mary Kachale trashed the claims and applied for bail revocation, saying he is a threat to the presiding Judge.
“Now, as State, we are wondering how he [Kumwembe] knew that judge Mtambo came to the courts without a policeman and left with one? He even named the policeman who escorted the judge. How did he get hold of such details? From his statement, we know that he has been following the judge; hence, the application,” said Kachale.
Kachale also told the court that on the said date, it was State authorities who requested the judge to return to Lilongwe to be accompanied by an armed police officer. She said the judge resisted the arrangement, but nevertheless returned.
Meanwhile the case has been adjourned to Friday.