Court grants Chisale bail ‘in the interest of justice’: Innocence is presumed

Former president Peter Mutharika’s personal bodyguard Norman Chisale charged with attempted murder is out on bail after High Court Judge, Silvester Kalembera, released him Monday after paying another K1 million bail bond.

Chisale: Presumed innocent until proved otherwise by the court

Chisale was arrested on the attempted murder charge for allegedly shooting a woman in the knee in Blantyre in May.

Judge Kalembera has granted Chisale bail, saying there has not been any evidence adduced, even from possible witnesses that Chisale would influence or interfere with evidence.

“I am at pains to conclude based on what is before me that the applicant has interfered with the victim or will interfere with the victim or evidence,” said Kalembera.

He said although the charge of attempted murder is serious which attracts a life sentence but it is bailable.

Kalembera noted that Chisale conceded that from the time the shooting occurred he has been assisting the victim even footing her medical bills.

“And that this was done well before the charge of attempted murder had been brought against him. He claims it was his moral obligation to assist the victim,” said Justice Kalembera.

However, he pointed out that the State believes that such assistance is actually Chisale interfering with their witness – the victim –­ which the court did not attach weight to that.

“The State ought to have done more to support their assertion. Just alleging is not enough,” said the judge.

Justice Kalembera said the State has failed  to demonstrate that it would be detrimental to the interest of  justice to  have  Chisale released on bail.

“It is therefore in the interest of justice that [Chisale] be released on bail. After all all he is presumed innocent  until the contrary is prove,” said the judges.

But the court ordered that Chisale should pay K1 million cash bail bond and K500 000  non-cash bond   for two of his sureties – blood relations.

Other bail conditions included  that Chisale  surrender travel document, report to Soche police in Blantyre every two weeks, must not leave Blantyre without notifying officer-in-charge for Soche police and must not be in contact with the victim directly or indirectly.

The court has also set September 4 when Chisale will take plea and directions of the case.

Chisale was re-arrested last Friday immediately after the Lilongwe Magistrate’s Court granted him bail in a separate case of fraud and money laundering in relation to the controversial importation of K5 billion worth of cement allegedly using Mutharika’s duty-free status for sitting presidents. He is alleged to have used his boss’ taxpayer identification number to facilitate the transactions.

Now Chisale  faces an embarrassing situation as Mutharika has flatly disowned him in cementgate.

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