The Malawi Supreme Court of Appeal Judge Dunstain Mwaungulu has refused to recuse himself from hearing a bail application for convicted former minister of Justice and Constitutional Affairs Ralph Kasambara and two others after the State accused presiding Judge Dunstan Mwaungulu of “bias”.
Mwaungulu made the ruling when the case resumed at the High Court in the commercial capital Blantyre on Monday.
Director of Public Prosecution Mary Kachale wanted Mwaungulu to recuse himself from the case following the remarks he made in his post posted at Malawi Law Society (MLS) facebook page.
According to Kachale, the Justice took side in the post hence asking him to step aside.
But in his ruling, Justice Mwaungulu accused the DPP of failing to provide evidence, and therefore, never proved her assertion that any person discussed or commented on the case.
“This is, therefore, not a case of automatic disqualification or recusal. At the most, it is a case if apprehension or possibility of bias. In this respect, therefore, there musr be proof of conduct for such apprehension or possibility… The applicatiom for recusal is, therefore, refused,” reads in part the judge’s 47-page judgment.
Meanwhile the case has been adjourned to a later date.
