Law expert faults Malawi police for arrest, re-arrest on Chisale

South Africa-based Malawian professor of law, Danwood Chirwa, has faulted the police for the arresting former president Peter Mutharika private bodyguard thrice even though courts granted him bail on different cases.

Writing on his Facebook wall, Danwood Chirwa said the conduct of the police on the matter was a matter of concern, saying the law enforcers seemed too eager to correct their past ineptitude and complicity by playing to the tune of the mob rather than following the law while exercising their responsibilities.

“The idea of arresting, re-arresting, re-arresting and re-arresting a suspect happens only in failed states and dictatorial regimes,” says Chirwa.

He says Malawi is governed by laws and has a Constitution, all of which must be respected all times.

“Even the most devious suspect or accused has due process rights that must be respected. The police cannot render court orders worthless by endlessly re-arresting suspects or accused persons,” he says.

Chisale was initially arrested on allegations that he was involved in a deal whereby Mutharika’s TPIN was used to import K5 billion worth of cement duty free.

As soon as he was given bail by the Lilongwe resident magistrate’s court, he was rearrested before even leaving the court premises, this time charged with attempted murder of a woman in Blantyre.

He was driven to Blantyre where the High Court granted him bail just to be rearrested for the murder of the Anti-Corruption Bureau deputy director Issah Njauju.

Chisale is now on full remand at Maula prison.