Macdonald Kumwembe, suspected shooter of former Ministry of Finance budget director Paul Mphwiyo, has asked High Court judge Michael Mtambo to recuse himself from continuing with the case, alleging bias.
Kumwembe said the judge has demonstrated to have a personal vendetta against his co-accused person, former minister of Justice and Constitutional Affairs Ralph Kasambara.
In a letter dated July 10 2015 addressed to senior deputy registrar at the High Court’s Lilongwe Registry which The Nation has seen, Kumwembe, who was found with a case to answer on charges of attempted murder and conspiracy to commit murder, claims that he does not want to be caught in the crossfire of the alleged personal vendetta between Kasambara and the judge.
In his curriculum vitae (CV) which Kumwembe attached to the letter, Mtambo indicates that he volunteered to represent an impregnated woman who sued Kasambara when he was Attorney General, when all lawyers were afraid to take on a senior government official.
Reads Kumwembe’s letter: “Now, to the extent that I am jointly charged with him [Kasambara] in a case of conspiracy, I can easily see myself being convicted simply because of the bad blood between yourself and Mr Raphael Kasambara. With all due respect, I do not want to be collateral damage in the personal professional warfare between your Lordship and Raphael Kasambara.”
Citing Mtambo’s CV in which he states that he came in to handle the Mphwiyo shooting case when all other judges had recused themselves due to fear for their security, Kumwembe said the judge was creating the impression that the accused persons were notorious thugs.
Kumwembe says another ground calling for Mtambo’s recusal is that the judge allegedly requested for additional security to escort him to Blantyre when he delivered a ruling that Kumwembe, Kasambara and Pika Manondo had a case to answer.
During hearing last week Friday, Mtambo wondered where Kumwembe got his CV, but he did not get a response.
The court has since asked Kumwembe to make a formal application for the recusal to be heard when the court sits between August 31 and September 2.
Kumwembe’s lawyer, Wapona Kita, asked the court to discharge himself as his counsel for reasons he did not give.
Mphwiyo was shot outside his Area 43 home on September 13 2013 and his shooting led to mass arrests of civil servants and private sector businesspersons linked to Cashgate.
