The Lilongwe Principal Resident Magistrate’s Court has acquitted Norman Chisale, personal bodyguard to former president Peter Mutharika, in a case he was accused of intimidating public officers and obstructing execution of legal processes.
Chisale was arrested after Minister of Justice Titus Mvalo, Ministry of Homeland Security Principal Secretary Steve Kayuni and Anti-Corruption Bureau acting director general Hilary Chilomba complained that he threatened them.
But in his ruling principal resident magistrate Roderick Michongwe said there was no evidence to warrant the charges against the suspect.
court ruling yesterday
He faulted police investigators who did the investigations in the case for doing a bad job and compromising their independence.
“It is embarrassing to prosecute such cases because it exposes prosecutors to poor evidence,” said Michongwe.
He emphasised that there was no word that Chisale said that would make the complainants feel insulted and threatened.
The magistrate said by calling Mvalo “chi minister” and other names, Chisale did not use insulting language although the words may be annoying. He said insulting language causes someone to do harm.
He said Chisale also never used any word to threaten Kayuni and wondered why the State brought charges of Kayuni being threatened.
Michongwe also said what Chisale said at ACB that one day there would be explosions was not meant to threaten Chilomba, but a way of expressing his frustrations over delays in the case.
Chisale faced six counts, including one of using insulting language, three counts of intimidation, one count of obstruction or interference with execution of legal process and one count of disorderly conduct at a police station.
The court also faulted police for classifying the national police headquarters as police station and using it to place a charge of acting disorderly. The magistrate said a police station is headed by an officer-in-charge and who is deputised by station officer.
To Chisale, the magistrate cautioned him to manage his reactions to situations, especially when he is angry.
Speaking in an interview after the ruling, Malawi Police Service deputy director of legal services Ken Mhango said the State respects the ruling of the court.
Chisale’s lawyer Stanley Chirwa said the defence is not surprised with the outcome of the case.
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