The bail application hearing for jailed former attorney general Raphael Kasambara and two accomplices Pika Manondo and Macdonald Kumwembe has been set for March 14, 2018.
Registrar of the high court Agness Patemba has confirmed.
Senior counsel Modecai Msiska representing Kasambara argued that his client was convicted just because he was accessing copy of Curriculum Vitae (CV) of a judge, wondering when laws of Malawi started criminalizing access to a CV of a judge.
“Unless the Director of Public Prosecutions tells us that accessing a judge’s CV constitutes a violation of bail condition, then she has a good reason to say Kasambara violated his conditions,” argued Msiska.
DPP Mary Kachale pleaded with Justice Mwaungulu not to give bail to the accused arguing that the applicants had earlier flouted bail conditions.
At one point the DPP asked Justice Mwaungulu to recuse himself from the case for apparently making remarks deemed to lean towards the prayer of applicants at a Malawi Law Society Whatspp group. The Judge refused.
Justice Mwaungulu told the two parties, after rigorous court sessions involving a tirade of law authorities and interpretations, to give him time to examine case and come up with a verdict.
The trio was convicted last year after being found guilty of conspiracy and attempt to murder former Ministry of Finance budget director Paul Mphwiyo on September 13, 2013.
Kasambara was sentenced to 13 years imprisonment while Manondo and Kumwembe were given 15 years each.NE