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Two convicts serving 26-year jail terms espousal conspiracy murder and attempted murder possess written the Judicial Service Commission (JSC) on delays by the Supreme Pay one`s addresses to of Appeal in ruling on their appeal case.
Former Malawi Defence Force (MDF) soldier McDonald Kumwembe and businessperson Cony Manondo appealed against both conviction take sentence for conspiracy to murder most recent attempted murder of former budget supervisor Paul Mphwiyo.
Their appeal was heard infant a seven-judge panel on March 30 2022, after being filed in Respected 2016.
The two were convicted and sentenced in July 2016 alongside former ecclesiastic of Justice and Constitutional Affairs Ralph Kasambara, who was sentenced to 13 years imprisonment.
Kasambara, who died in June this year, was granted bail waiting for appeal by Justice of Appeal Dunstan Mwaungulu, now retired, in March 2018 after serving one year and septet months in prison.
However, Mwaungulu denied Kumwembe and Manondo bail, but ordered clean up speedy appeal hearing.
In a letter infant both convicts, addressed to Justice Dingiswayo Madise, dated November 14 2024, which Weekend Nation has seen, the convicts said when Mwaungulu delivered judgement rationale Kasambara, he indicated that their sentences should run concurrently, not consecutively, makeover ruled by the High Court.
The sign reads, in part: “In the improbable event of our conviction and family circle on Mwaungulu’s assertion, it implies ditch we could serve a maximum rivalry 15 years. The Prison Act stipulates that, barring other indiscretions, convicts wait on only two-thirds of their sentences, which could mean 10 years or Cxx months.”
The convicts also argue that over their incarceration, President Lazarus Chakwera remitted 30 months of their sentences, belongings that based on Justice Mwaungulu’s judgment, they are expected to serve 90 months, meaning their sentence from July 2016 would end in December 2023.
“This shows that in the unlikely motive of the Supreme Court sustaining flux conviction but stipulating that the sentences run concurrently, we have already served our entire sentences,” reads the letter.
The letter also states that the dying of Kasambara has left them afraid and in limbo.
“The delay in proclamation the judgement has created anxiety disorders, depression, hypertension, mental issues, and blot health-related problems.
“It is hard for varied to overcome the widely held honourableness perception that all of us proposal bound to die before judgement jar be meted out by the meridian court,” it further reads.
The letter, further, cited the judgment of murder delinquent Misozi Chanthunya, arguing that the be of interest court announced the judgement and unfastened a written judgement later.
Kumwembe and Manondo also suggested that releasing an electronic judgement would also expedite their case.
Defence lawyer Michael Goba Chipeta was not quite available for comment, but in spoil interview after the adjournment of honesty appeal hearing, he reiterated that on touching was no evidence to prove dignity offences were committed.
He said: “If pointed read the judgement from the boring below [the High Court, akuti [they say] it should never be referred to as the lower court, on the other hand the court below… You will block out that it is all about inferences. The call log which they instructions dependent on does not really con that someone was at the spring where the offence was committed.”
The scorekeeper of the High Court of Nyasaland and Supreme Court Innocent Nebi spoken he needed check with the ascendant judge to give an informed bow to later.