The Supreme Court of Appeal is on Monday next week scheduled to start hearing bail application of convicted former Justice Minister Raphael Kasambara pending his appeal case.
Kasambara alongside Macdonald Kumwembe and Pika Manondo were convicted last year by High Court Judge Michael Nyirenda for having a hand in the botched killing of former Budget Director in the Ministry of finance Mr. Paul Mphwiyo.
Judiciary spokesperson Mlenga Mvula confirmed of the development in an interview with the press.
According to Mvula, Justice Dustain Mwaungulu is one who going to determine whether to grant bail to Kasambara who has been in prison for the last eight months or not.
The court file seen by faceofmalawi, Kasambara’s lawyer Modeccai Msiska, Senior Counsel (SC), and Wanangwa Hara have argued that Kasambara is unlikely to abscond bail as he is a Malawian citizen with assets in the country.
Kasambara further argues that he has a right to bail pending appeal subject only to interest of justice, saying that prior authorities connecting bail pending exceptional circumstances are erroneous.
“They have no contemporary legal support. Both the Constitution and the Supreme Court of Appeal Act [the SCA] frown upon these authorities,” reads his affidavit.
Kasambara was slapped with 13 years imprisonment with hard labour for conspiring to murder former budget director Paul Mphwiyo.
