The High Court in Lilongwe has on Friday rejected a bail bid by former president Peter Mutharika’s personal bodyguard Norman Chisale who is answering murder charges.
Chisale is suspected of having a hand in the death of Anti Corruption Bureay (ACB) director of corporate affairs Issa Njauju.
Njauju’s was murdered on July 4 2015 and his body was discovered half buried near Presidential villas in Lilongwe.
Spokesperson for ministry of Justice and Constitutional Affairs Pirirani Masanjala has confirmed about bail ruling which was heard in Chambers by Judge Ivy Kamanga.
Chisale was not present at the court it was represent by his lawyer Chancy Gondwe, who could not immediately comment .
Chisale, who until the court-ordered June 23 Fresh Presidential Election was State House head of security, was first arrested on July 14 2020. He was rearrested on July 17 soon after being granted court bail on another offence, but was again arrested for yet another offence on July 28.
On July 31 2020, Chisale asked the High Court in Lilongwe for a judicial review of his “multiple, endless and consecutive arrests” by the police. He argued that the police conduct was against Section 42(2)(f) of the Constitution and Section 20(c) of the Criminal Procedure and Evidence Code; hence, sought an order to quash the said arrest and declarations that the decision to arrest was illegal, unconstitutional, unjustified and unreasonable.
Further, he asked for an order staying the subsequent arrests and his prosecution, an injunction restraining the police from further interfering with his right to freedom and security of his person.
The High Court granted him leave for judicial review, but refused to give him his wish on the reliefs sought.
The Malawi Supreme Court of Appeal then dismissed an application for an order to prevent his further arrests, saying granting such open-ended relief would frustrate law enforcement.
In his judgement, Justice of Appeal Lovemore Chikopa, sitting as a single Malawi Supreme Court of Appeal judge, said the relief sought by Chisale was “too general/wide” and that “in point of fact it is impossible” to grant the same.Follow and Subscribe Nyasa TV :