Granting bail to Kasambara Justice Dunstan Mwaungulu said there is no basis of convicting someone using call logs. However, Pika Manondo and Mac Donald Kumwembe who were together convicted with Kasambara have been denied bail.
Reacting to the ruling, Kasambara said he is happy that the Supreme Court of Appeal has said it clear that there is no basis to convict someone through call logs a thing he has been challenging over his conviction.
“The judge has made the ruling very clear and he has said I should be released immediately. I am very happy the Supreme Court has seen our point from the beginning of the case,” said Kasambara who once served as Attorney General.
On his friends who have been sent back to prison, Kasambara said they are all happy with court ruling. He said the judge clearly said it does not make sense for the lower court to convict him. He wondered how the high court convicted him as a prime mover of the case.
However, the Director of Public Prosecution Mary Kachale is expected to apply to the same court using the same judge to suspend Kasambara's bail. She is also expected to apply the case before nine judges.
The former Justice Minister was convicted of conspiracy to commit murder while Kumwembe and Manondo were convicted on attempted murder and conspiracy to murder charges after the shooting of former Budget Director, Paul Mphwiyo, at his residence in Area 43 in Lilongwe on September 13 2013.
Manondo and Kumwembe were given 15 years prison terms for attempting to murder Mphwiyo.
Mphwiyo survived the bullets fired by the assassins that lurked in the dark at the gate of his house. He was rushed to MASM Clinic few blocks away from his house before being taken to Kamuzu Central Hospital. Days later, he was air lifted to South Africa.
The trio, who have spent over 20 months at Zomba Prison, have since filed an appeal against their conviction which is expected to start in May this year.