By Staff Reporter
The High Court in Blantyre on Thursday November 17,2022 dismissed with costs an application by former President Peter Mutharika’s private bodyguard Norman Chisale to stop civil proceedings in a case in which the State wants his assets worth K5 billion forfeited.
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.
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, looked not satisfied with the outcome, and since then instructed his lawyer to appeal the ruling.
The Government wants to seize Chisale’s assets worth K5 billion.
The property includes vehicles and houses which government intends to sell on auction and cash in banks which will be transferred to Government’s account number one.
In 2020, Police arrested Chisale on several occasions.
He was first arrested on charges of fraud and money laundering which relate to the importation of free duty cement worth K5 billion.
He was also arrested for on charges of using a fake certificate to get employed in the Malawi Army.
