Supreme Court to hear Kasambara’s appeal case in November

The case of conspiracy to murder former budget director, Paul Mphwiyo will spring up again as  the appeal made by three convicts will be heard at the Supreme Court of Malawi in November this year.

In July this year, Justice Michael Mtambo convicted the three Raphael Kasambara, Pika Manondo and Macdonald Kumwembe after the court found them guilty on the charge of conspiracy to murder.

The court also found Manondo, and Kumwembe, guilty of attempted murder in relation to Mphwiyo’s shooting on September 13, 2013 at the gate of his Area 43 residence in Lilongwe.

However, the three filed a notice of appeal to the Supreme Court of Malawi against the conviction.

Judiciary’s Spokesperson, Mlenga Mvula, said in an interview yesterday, typing of the file of the appeal which is bulky, is almost complete.

Mvula said the High Court has now recruited three [court] reporters to hasten the typing process before forwarding the file to the Supreme Court.

“You know hearing of the case took long hence the file is bulky and there was only one reporter typing, which slowed the process. But at the pace we are now moving, we are optimistic that by November this year, The Supreme Court will start handling the appeal,” Mvula said.

In their notice, the three argued that Mtambo “erred in law and fact” in holding that the prosecution had made out a case to answer for the appellants, when the prosecution had failed to prove that Manondo and Kumwembe had been identified as the persons at the scene of the shooting.

They also argue that prosecution failed to prove that Kasambara, Manondo and Kumwembe had agreed to carry out an unlawful act of attempt to kill Mphwiyo.

The convicts contend that judge erred in law and fact in holding that the mere fact that Manondo and Kasambara were communicating via mobile phones before and after the shooting of Mphwiyo was conclusive evidence that the two were conspiring to kill.

The appellants also argue that Judge Mtambo erred in law in holding that Kumwembe  had not given adequate notice of alibi when he told police officers who took his statement under caution  that at material time he was at Tete in the Republic of Mozambique and produced Mozambican currency, US Dollars and his travelling passport with official immigration stamps for both Republics of Malawi and Mozambique demonstrating that he left Malawi and entered Mozambique on 30th August, 2013 and left Mozambique and entered Malawi on 14th September, 2013.