Kasambara, others want K5bn case discharged
Private practice lawyer Ralph Kasambara, who is also a suspect in Cashgate trials, has asked the High Court in Lilongwe to discharge the case in which he is accused of conspiracy, possession of property suspected to have been stolen and money laundering because the prosecution is failing to bring the matter to court.
Kasambara and fellow lawyer Wapona Kita are co-accused in conspiracy, possession of property suspected to have been stolen amounting to K55 million (US$133 495) and money laundering while Pika Manondo and Kasambara are separately charged with possession of stolen property which is 11 vehicles, K22 million (US$533 981) in Manondo’s custody and K5 billion (US$12 135 922) in both their custody.
The three, including three civil servants, appeared in court yesterday for directions on the trial which is yet to commence.
Special prosecutor Kamudoni Nyasulu told High Court Judge Chifundo Kachale in his chambers that the High Court in Zomba had provided a timeline for the Osward Lutepo case involving K4.3 billion which he said was linked to the Kasambara case.
Nyasulu presented the court with the Zomba case ruling which indicates that October 6 to 10 have been allocated to parading of witnesses and if Lutepo is found with a case to answer and the defence is given four days to parade witnesses in defence, a judgement should be ready by November end.
But this irked Kasambara who, in an interview after the appearance in chambers, said he gave various scenarios which could delay the Zomba case, including illness or even death of accused persons or the judge.
Said Kasambara: “This just means the prosecution is not ready to start this case. We can’t wait for that case to end, how long will we be waiting? If they say the cases are linked then we should be discharged until the prosecution is ready and if not bail conditions should be removed because as it stands, we can’t travel outside the country and our money is tied up.”
He said he made the applications to have the case discharged, bail conditions waived and that bank accounts and vehicles seized in connection with the case be released because the case would delay to start.
Defence lawyers—Gift Nankhuni, Andy Kaonga, Shadreck Mhango and Powell Nkhutabasa—for the other accused persons supported the applications.
But Nyasulu did not object to the applications arguing that he was not given notice and the specific laws under which Kasambara wanted the case discharged and property returned to him were different.
The State is expected to parade 11 witnesses and tender 39 documents as evidence against Kasambara and others, among them 11 government cheques which would link the suspects in the case of theft.
Kachale is expected to make a ruling on the applications today.
