The High Court in Blantyre on Thursday dismissed with costs an application by former president Peter Mutharika’s bodyguard Norman Chisale to stop civil proceedings in a case in which the State wants to forfeit his assets worth K5 billion because it is suspected to be proceedings from looting and plunder of public resources.
Chisale, through his lawyer Chancy Gondwe, argued that the civil proceedings would violet his right to remain silent, which he is exercising in another criminal case.
Norman Chisale
Gondwe also asked the court, hearing the case virtually, to refer the matter to the Chief Justice for certification as a Constitutional matter.
But Director of Public Prosecutions (DPP) Steven Kayuni and Attorney General Thabo Chakaka-Nyirenda objected the application, describing it as baseless. They argued that Financial Crimes Act permits hearing of both civil and criminal cases running together.
Judge Mike Tembo, making a ruling, said there was no question suitable for referral to the Chief Justice for certification of the matter as Constitutional.
To safeguard Chisale’s right to remain silent, Tembo said the evidence in the civil proceedings given by him would not be used in the criminal proceedings.
Chisale, unsatisfied with the outcome, has since instructed his lawyer to appeal the ruling.
