Kasambaras Arrest in Chronological Order

Source: http://www.zodiakmalawi.com/zbs%20malawi/index.php?option=com_content&view=artic le&id=4470:kasambaras-arrest-in-chronological-order&catid=55:features&Itemid=113

Written by Winston Mwale Friday, 24 February 2012 10:05

Kasambara: Answering abetting assault charge The arrest of former Attorney General, Ralph Kasambara, not only attracted massive attention from far and wide, but it also created further tension in the UN-brokered dialogue between the Civil Society Organizations and the Presidential Contact and Dialogue Group, which started seven months ago. Malawians and international human rights organizations, such as Amnesty International, have been concerned with the detention of Mr. Kasambara, making his arrest the most talked-about issue in the country. The arrest brought anger and worries in the country, with opposition political parties and the civil society organizations accusing the DPP-led government of master-minding a scheme to imprison the prominent lawyer cum politician. However, the government denied the accusations. Mr. Kasambara was finally released on bail on February 20, 2012, after a week in detention. His release came just a few hours after Justice Minister Ephraim Chiume told parliament the prominent lawyer would be freed on medical grounds due to his heart condition. The lawyer arrested for alleged abduction and abetting assault, spent the last week of his detention at Mwaiwathu Private Hospital in Blantyre.

Circumstances surrounding his arrest are still hazy and riddled with questions, as both Blantyre police and Kasambara iave conflicting accounts. According to Kasambaras account three men, Wilson Chapita, James Chadza, and Christopher Gondwe, allegedly broke into his office in Blantyre with the intention of petrol-bombing, and subsequently killing him. But the police version says the three were allegedly kidnapped and beaten up by Kasambaras five accomplices, Arthur Chikankheni, Mayamiko Kadango, Brian Magoya, Patrick Gadama, and Ali Kaka. Day one: Monday 13 February, 2012. Kasambara is arrested and detained at Blantyre Police Station where he was questioned over assault charges. In an interview from detention, Kasambara described his arrest as politically motivated for his open criticism of President Bingu wa Mutharika. But Blantyre Police Station Spokesperson, Beatrice Mwachande painted a rather rosy picture saying they were only discussing with Kasambara details of the alleged plot to attack the human rights lawyer. According to DPP spokesperson, Dr. Hetherwick Ntaba, The ruling party had no knowledge of the alleged plot against Kasambara. Day two, Valentines Day 2012 Police in Blantyre officially charge Kasambara with abetting assault and they lock him up in a police cell. Police publicist Sergeant Beatrice Bwanali tells zodiak online that police found Mr. Kasambara at fault for sending people to assault two young men suspected to have been sent to attack him. The same day both state prosecutors and lawyers for Kasambara are seeking the approval of Blantyre Chief Resident Magistrate Nyakwawa Usiwausiwa on different requests. State prosecutors want Kasambara remanded to prison to await trial as the strike by judiciary junior staff continues while Kasambaras lawyers are applying for his release on bail. Kasambaras lawyers are able to obtain a court order bail despite the current judiciary strike while the police have also been given the remand order and they succeed in remanding Kasambara at Chichiri Prison.

Day Three Wednesday 15 February, 2012 One of Kasambaras lawyers, Wapona Kita confirms to zodiak online that despite Chief Resident Magistrate, Nyakwawa Usiwa-usiwa, granting bail for the release of Kasambara, prison authorities still refuse to release their client. According to Kita, prison authorities said prisons close at 3 PM and the defense team had arrived late with the bail order. Later in the day, police obtain warrant to search Kasambaras home and office. Kasambaras wife, Maggie, told the media that the police inspected every room in their house in Nyambadwe. The police also searched Kasambaras offices for offensive weapons. At Chichiri prison, crowds of people begin gathering outside anticipating the imminent release of Kasambara. Later in the afternoon, crowds erupt with celebratory cheers as the prison frees Kasambara alongside his accomplices. But two hours later, as people continue celebrating his release over 30 police officers raid his house to re-arrest him and he is sent back to prison. Day four Thursday 16 February, 2012 Southern Region police publicist, Nicholas Gondwa insists procedures were disregarded in the release of Kasambara earlier on Wednesday afternoon hence being re-arrested. ZBS gests reports that Head of Criminal Investigations Department (CID) in the Malawi Police Service, Mrs. Rexa Chalera has instructed that Kasambara should not be freed from prison. Lawyer Jonathan Kara claims that upon serving prison officials with the release order, authorities tell them there is an order not to release Kasambara. In the evening, Kasambara is transferred from Chichiri prison in Blantyre to Zomba Maximum Security Prison. As Kasambara arrives in Zomba, inmates sing praise songs for the lawyer whom police had refused to release despite Tuesdays court bail. This would be his fourth day in custody. Meanwhile, Kasambaras lawyers begin talks of filing for contempt of court proceedings against the state for refusing to release their client on bail despite a court order.

The Anti-Corruption Bureau summons Kasambaras lawyers, Wapona Kita and Jonathan Kara to appear before the graft-busting body. Amnesty International criticizes the government over the re-arrest of the former attorney general Kasambara. Amnesty Internationals Deputy Program Director for Africa, Noel Kutukwa says in a statement that there was a definite need for the Malawi government to respect a Kasambaras court bail order. Outside Zomba Maximum Security Prison, family and friends of Kasambara stage a vigil in demand of the lawyers release. Day five Friday 17 February, 2012 Kasambaras doctor advises that he requires urgent medical attention for his existing heart condition. The exact condition is unknown. ZBS visits Kasambara at Zomba Maximum Security Prison where he tells reporter, Mallick Mnela, that he remained courageous in his course to fight for democracy. As Friday tick, lawyers for Kasambara obtain a court injunction ordering the release of Kasambara immediately. Lawyer Wapona Kita confirms that Zomba high court has granted the injunction. Meanwhile, prominent opposition politicians and at least 200 sympathizers flock to Zomba prison to show solidarity with the lawyer and politician. And in Blantyre, the opposition political parties condemn Kasambaras detention in defiance of the court order that granted the lawyer bail. After visiting Kasambara, veteran politician Gwanda Chakwamba calls on President Bingu wa Mutharika to stop what he described as persecution of his critics. Day six Saturday 18 February, 2012 Kasambara is moved from Zomba Maximum Security Prison to Mwaiwathu Hospital in Blantyre under heavy police guard to seek medical attention for his heart condition which has still not been specified.

Kasambara is taken at around 10 pm after his lawyers failed to have him released despite Justice Godfrey Mwase of the Zomba High Court issuing a court order to release him immediately. In the meantime, condemnation over the arrest of Kasambara continues pouring in with the latest coming in the form of a joint statement by the Open Society Initiative for Southern Africa (OSISA) and the Southern Africa Litigation Centre (SALC). The two organisations say the detention and persecution of Kasambara accelerates the slide towards a police state in Malawi. The Anti Corruption Bureau says investigations that have been launched into how private Kasambara obtained a court bail are not political. ACB Director Alexius Nampota says the investigations follow allegations of suspected corrupt practices and abuse of office against some public officials. Civil Society Organizations pull out of UN-brokered talks with the Presidential Contact and Dialogue Group to show solidarity for Kasambara. The government says the move was poorly timed. Kasambaras heart condition in hospital is said to be stable but he will have to wait for a scan on Sunday. The lawyers wife, Maggie, told ZBS from Mwaiwathu hospital in Blantyre that her husband was scheduled to go for a check-up in Sweden, but this will not be possible due to continued detention. She adds that his blood pressure is unstable. Kasambara has blamed his arrest and continued detention on President Bingu wa Mutharika. In an interview from Mwaiwathu hospital in Blantyre, he accuses the president of giving orders to police and prison authorities. But presidential spokesperson, Dr. Hetherwick Ntaba, says Kasambaras opinion is unsubstantiated. Key opposition parties give government a deadline of Monday, February 20 to release Kasambara. Government says any decision to release Kasambara on bail rests with the police and not the executive as opposition parties have demanded. Information and Civic Education Minister, Patricia Kaliati, was reacting to an ultimatum issued by eight opposition parties for government to release Kasambara by Monday, February 20 or face unspecified action.

Mrs. Kaliati says police are currently treating the case of Kasambara as an allegation - hence it is wrong for the opposition to attack government on his prolonged detention. Kasambara is demanding 60 million kwacha for alleged defamation from information minister Patricia Kaliati. Lawyer for Kasambara, Wapona Kita says the former attorney general is not happy with utterances by the information minster insinuating that some thugs that allegedly wanted to attack his office could have been his sexual partners. But the information minister laughs off the lawsuit, saying the statement was just a whistle blower for the police to carry out independent investigations, hence she cannot be sued. Lawyers in the country plan to hold a protest against what they are calling attacks on the legal profession among them the continued detention of Kasambara. In a statement, the Malawi Law Society says its members will assemble at the High Court in all regions and read out a statement on the matter. The lawyers also say will take to the streets in protest against the ongoing judiciary support staff strike which they say is violating their right to economic activity. This, according to societys spokesperson Jabba Alide, was agreed at the lawyers Extraordinary General Meeting held last week. Meanwhile, lawyer Ralph Kasambara currently in police detention, will undergo another test for his heart condition at Mwaiwathu Hospital where security remains tight. Speaking in an interview Kasambara says he needs some more days in hospital for his full recovery. Kasambara was hospitalized on Friday night after authorities refused to release him from Zomba Prison despite the High Court granting an injunction against his continued detention. He is being questioned on how he obtained a court bail for private lawyer Ralph Kasambara. Meanwhile, Police are yet to re-arrest five alleged accomplices of lawyer Ralph Kasambara, six days after Kasambara was re-arrested. Southern Region Police Publicist Nicholas Gondwa told ZBS that police are failing to trace their whereabouts.

Lawyer Ralf Kasambara is finally released on a police bail on Monday, 20 February, 2012. This came a few hours after Justice Minister Ephraim Chiume told Monday that parliament the prominent lawyer would be freed on medical grounds following his heart problem. He was freed indeed and is now in South Africa for check up.Zodiak Online