State asks for 90 days in Kasambara appeal case
The State has asked for 90 more days to submit skeletal arguments in the case in which former minister of Justice and Attorney General Ralph Kasambara and others are appealing sentences and convictions in the attempted murder of former budget director Paul Mphwiyo.
Kasambara is appealing the conviction and sentencing for conspiring to murder, while Pika Manondo and Macdonald Kumwembe were convicted of attempted murder.
According to a court document The Nation has seen submitted to the Supreme Court of Appeal, State advocate Enock Chibwana says the State did not have time to prepare argument notes for a 171-page submission by Kasambara and others, saying they were busy with another high profile case.
Director of Public Prosecutions Mary Kachale, Chibwana and Liness Chikankheni, three of the four public prosecutors handling all court proceedings, were prosecuting what they termed “a very complex Cashgate case” involving Mphwiyo and 18 others.
The State’s submissions were expected to be done by June 27 2018.
“We are of the humble view that a period of 90 days from to date hereof would be a more appropriate time for the State to be given to prepare and file skeletal arguments in this matter,” says Chibwana is his application.
The three accused made an application to the Malawi Supreme Court of Appeal, to be released on bail pending the determination of their appeal.
According to Chibwana, the appellants made an impossible court application within two days which he said is questionable.
The application will be heard on July 10 2018.
Mphwiyo’s shooting on September 13 2013 at his Area 43 residence in Lilongwe exposed Cashgate, the wanton plunder of public funds at the Capital Hill where billions of kwacha were abused.
