The Supreme Court of Appeal has dismissed in its entirety the application former Justice and Constitutional Affairs minister Raphael Kasambara filed for the court to reinstate his bail.
High Court Judge Michael Mtambo on September 23, 2015 revoked Kasambara’s bail after noticing that the accused person was allegedly interfering with justice.
The former minister is being accused of conspiring to murder former budget director in the Ministry of Finance, Paul Mpwiyo.
But on Friday Justice Rezine Mzikamanda of the Supreme Court of Appeal dismissed all the six grounds Kasambara’s lawyer, Modecai Msiska, filed for his client to be released on bail.
Meanwhile, Director of Public Prosecutions (DPP), Mary Kachale, confirmed the dismissal of Kasambara’s application in an interview yesterday.
“He [Justice Mzikamanda] has dismissed the appeal in its entirety. [This means] every ground that was raised has been trashed,” said Kachale.
She said the decision of the Supreme Court of Appeal means that it has upheld the decision of the High Court in revoking the bail.
Among other grounds, Justice Mzikamanda upheld the decision of Justice
Mtambo to move a motion on his own, a decision that resulted in Kasambara’s bail being revoked.
There was no immediate comment from Msiska on the matter.
However, Kasambara’s lawyer filed six grounds for appeal, saying that in all circumstance of the case, the decision by the Judge in revoking the bail was mainly excessive and wrong in principle.
“The learned Judge was under a mistaken fact that the appellant was making before the court to delay the criminal trial when they were moved by the first accused McDonald Kumwembe.
“The learned Judge erred and misdirected himself in holding that an accused person, who makes application before the court, intends to delay the court process when it is clear that an accused person has the constitutional right to fair trial which includes making applications in fulfillment of his constitutional right,” reads in part some of the grounds filed in court.
Msiska further argued that the Judge erred in revoking the bail of the appellant when there were no grounds upon which it could satisfy the court that it was in the interest of justice to revoke the appellant’s bail.
Ironically, the High Court in Lilongwe initially denied Kasambara bail but later Supreme Court Judge Anaclete Chipeta granted him the bail which has since been revoked.
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