Supreme Court Refers Chisale’s Case File To The Chief Justice

BY: DRAXON MALOYA

The Supreme Court of Appeal has referred former President Peter Mutharika’s personal bodyguard Norman Chisale’s case files to Chief Justice Rezine Mzikamanda for certification as constitutional matter.

Chisale who is answering the K5 billion forfeiture case or preservation order (civil proceedings) and possession of unexplained property case (criminal proceedings) argues that hearing both matters at the same time would affect his constitutional right to remain silent in criminal proceedings.

In an interview the Attorney General, Thabo Chakaka Nyirenda expressed fears that the period of hearing the nature of such cases might be unnecessarily be prolonged.

*The case must be heard with the logical period of time – Nyirenda*

“There is another angle that needs to be taken into consideration, if he is answering a criminal case and he is exercising the right to remain silent but he will be compelled to voice out in this civil case and we expressed fear that it might take even up to more than 10 years before such cases are heard,” Nyirenda said.

Earlier in the year, the Attorney General refused to pay Chisale, K500 million for compensation in an attempted murder case in which he was acquitted arguing that the state was not wrong to prosecute him despite an acquittal, adding that he was ready for defense if he (Chisale) proceeds pursuing the matter in court.

*Sued for false imprisonment, malicious prosecution and defamation – Chisale*

Lawyer for Chisale, Chauncy Gondwe, said he was yet to receive a response from the attorney general for the case which his client is demanding the compensation for alleged false imprisonment, malicious prosecution and defamation. MDT, Malawi