The Supreme Court of Appeal has ordered the Malawi Police to release former Presidential bodyguard Norman Chisale from “illegal detention”.
According to a court order by Justice Lovemore Chikopa which Malawi24 has seen, Chisale was in illegal detention and the police also knew of this fact even though they continued to keep him in jail.
Justice Chikopa noted that Chisale, who was arrested on July 28 over the murder of Anti-Corruption Bureau Director Issa Njauju, has not been charged with any offence before a court and he has not been committed for trial before the High Court.
“On October 1, 2020, we heard an application from the applicant praying for an order releasing him from the illegal detention/custody. Having heard both parties, it is clear that the applicant continues to be in illegal detention/ custody. Listening particularly to the respondent, it is obvious that the respondent is not comfortable releasing the applicant by himself obvious though it is to him and his counsels that the applicant is in illegal detention/custody. He would rather the courts made an order to that effect and this task is limited to the act of releasing the applicant.
“We will grant him his wish. An order is therefore hereby granted immediately releasing the applicant from custody/ detention,” reads part of the order.
Chikopa added that the release is unconditional since Chisale was already granted bail on July 27 by the High Court in Blantyre where he is answering attempted murder charges and the magistrates court in Lilongwe where he is answering fraud and money laundering charges.
Chisale was bodyguard of former President Peter Mutharika from 2014 to June this year when Mutharika lost the presidency.
Since July, Chisale has been arrested on three occasions. He was first arrested on charges of fraud and money laundering which relate to the importation of free duty cement worth K5 billion.
Over 1.2 million bags of cement were imported duty free between 2018 and 2019 with Mutharika’s Taxpayer Identification Number (TPIN) being used in importation.
After being granted bail, Chisale was re-arrested for the attempted murder of a woman in Blantyre.
On July 28, he was arrested after he was released from Chichiri Prison on bail. The third arrest relates to the murder of Njauju who was killed in 2015.
He was also arrested while already in jail on allegations that he used a fake certificate to join the Malawi Army.
