Wednesday 23 September 2015

Mphwiyo Shooting Case: Kasambara Bail Revoked For Breach Of Bail Condition

Kasambara on police escort 

High Court Judge Michael Mtambo revokes bail of Raphael Kasambara suspect in the Paul Mphwiyo attempted murder for failure to comply with the court bail conditions. 






His bail has been revoked of his conduct, infringement of privacy of the Judicial Officers by sourcing private documents especially of presiding judge Michael Mtambo and judge who recused her self in the case Justice Esme Chombo. The bail has also been revoked after the court also established that in his conduct, Kasambara had also infringed security of the Judicial officers. 

Kasambara walking to police vehicke 



Kasambara looked relaxed as he walked for
Maula prison 

The revocation follows Judge Michael Mtambo order that parties should submit on whether the court can of its own motion review the bail status Kasambara on failure to comply with the court bail conditions after it was learnt that McDonald Kumwembe the first accused had admitted to the court that Kasambara helped him to identify the CV which he alleged to have received from a well wisher.


He was on heavy police escort 



He was talking to reporters and police officers 

In the application of motion by first accused, McDonald Kumwembe seeking judge recusal, attached two letters: one which was found to be contemptuous and another letter which he alleged to be the CV of the presiding Judge. He told the court that after accessing the CV he took it to Raphael Kasambara who laughed upon seeing it and then confirmed to him that it belonged to the presiding Judge. The application also claimed that Judge Michael Mtambo requested for more security after delivering his ruling on whether the accused persons had case to answer or not. 

His bail revocation attracted alot of attention 




In his ruling, the Judge agreed with the state application that there was sufficient evidence to revoke bail of Kasambara. 




The Judge said it was apparent that Kasambara aided Kumwembe in several occasions on matters relating to the present case including filing of application for judge recusal looking at how Kumwembe had displayed in several occasions his ignorance of contents of the letter. During cross examination of his application, Kumwembe seemed to have difficulties to understand contents of his well written application by opting to have a court translator, failure to describe who Robin Hood was and to give meaning of Kangaroo Court cited in his application. 






The Judge further indicated that Kasambara had the possession of the alleged CV earlier on because he was the first to mention the alleged CV in court before Kumwembe had applied for Judge recusal. 


"The third accused (Kasambara) did not show cooperation after the ruling of case to answer was made" added the judge who further indicated that his earlier applications for judge recusal for presiding judge was delaying the case. 






After bail revocation ruling, the Judge also refused application by Kasambara that the revocation be Stayed up to Friday this week because he was required to attend to private matters on Thursday. 



But the judge argued that there was nothing cited of reasons for Stay of the bail revocation order: "The order of bail revocation remains intact" said the judge 


However, the judge has turned down state application to revoke bail of Kumwembe since he is already in police custody after his application letter was ruled contempt of court


Raphael Kasambara was found with case to answer on conspiracy to murder former budget director Paul Mphwiyo while McDonald Kumwembe and Pika Manondo were found with case to answer on attempted murder and conspiracy.

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