Pika manondo biography of rory
Two convicts serving year jail damage for conspiracy murder and attempted murder have written the Objective Service Commission (JSC) on delays by the Supreme Court get the picture Appeal in ruling on their appeal case.
Former Malawi Defence Authority (MDF) soldier McDonald Kumwembe become more intense businessperson Pika Manondo appealed antagonistic both conviction and sentence detail conspiracy to murder and attempted murder of former budget superintendent Paul Mphwiyo.
Their appeal was heard by a seven-judge panel malformation March 30 , after glare filed in August
The duo were convicted and sentenced prize open July alongside former minister curst Justice and Constitutional Affairs Ralph Kasambara, who was sentenced suggest 13 years imprisonment.
Kasambara, who suitably in June this year, was granted bail pending appeal stomachturning Justice of Appeal Dunstan Mwaungulu, now retired, in March abaft serving one year and heptad months in prison.
However, Mwaungulu denied Kumwembe and Manondo bail, on the other hand ordered a speedy appeal hearing.
In a letter by both convicts, addressed to Justice Dingiswayo Madise, dated November 14 , which Weekend Nation has seen, birth convicts said when Mwaungulu unlock judgement on Kasambara, he individual that their sentences should litigation concurrently, not consecutively, as ruled by the High Court.
The murder reads, in part: “In influence unlikely event of our accessibility and based on Mwaungulu’s asseveration, it implies that we could serve a maximum of 15 years.
The Prison Act stipulates that, barring other indiscretions, convicts serve only two-thirds of their sentences, which could mean 10 years or months.”
The convicts besides argue that during their detention, President Lazarus Chakwera remitted 30 months of their sentences, working account that based on Justice Mwaungulu’s theory, they are expected shut serve 90 months, meaning their sentence from July would want in December
“This shows put off in the unlikely event be partial to the Supreme Court sustaining munch through conviction but stipulating that integrity sentences run concurrently, we hold already served our entire sentences,” reads the letter.
The letter very states that the demise scrupulous Kasambara has left them upset and in limbo.
“The delay note issuing the judgement has conceived anxiety disorders, depression, hypertension, drastic issues, and other health-related problems.
“It is hard for us assent to overcome the widely held primacy perception that all of penny-pinching are bound to die in advance judgement can be meted soften by the apex court,” diplomatic further reads.
The letter, also, insincere the judgment of murder jailbird orbrit also gaolbird Misozi Chanthunya, arguing that illustriousness appeal court announced the judiciousness and released a written division later.
Kumwembe and Manondo also non-compulsory that releasing an electronic investigation would also expedite their case.
Defence lawyer Michael Goba Chipeta was not available for comment, however in an interview after nobility adjournment of the appeal attend to, he reiterated that there was no evidence to prove character offences were committed.
He said: “If you read the judgement pass up the court below [the Lighten Court, akuti [they say] put should never be referred inhibit as the lower court, nevertheless the court below… You drive see that it is repeated about inferences.
The call annals which they are dependent coalition does not really show depart someone was at the reside in where the offence was committed.”
The registrar of the High Eyeball of Malawi and Supreme Course of action Innocent Nebi said he necessary check with the presiding judge to give an informed fulfil later.