By Chisomo Phiri
The Malawi Supreme Court of Appeal in Blantyre on Wednesday April 24,2024,dismissed an appeal by former personal bodyguard to former President Peter Mutharika,Norman Chisale, who is answering charges before the Senior Resident Magistrate Court in Lilongwe of presenting false information to a public officer and intimidation.
The Supreme Court single judge Slyvester Kalembera ordered that the magistrate court in Lilongwe must proceed to hear Chisale’s criminal case in which he, earlier in 2021, objected to take a fresh plea after the State made an amendment to the charge sheet.
Following Chisale’s failure to take the fresh plea, the magistrate court referred the matter to the High Court for directions.
Justice Redson Kapindu of the High Court ruled then that the matter must go back to the magistrate court for trial.
But Chisale felt dissatisfied with the High Court’s order and filed a notice of appeal in the Supreme Court, through his lawyer Chancy Gondwe, but he fell short of filing necessary documents to support the notice.
The State, through Chief State Advocate Josephine Gwaza and Senior Deputy Chief State Advocate Andrew Salamba, from the Directorate of Public Prosecutions (DPP), filed an application for dismissal of the application following Chisale’s failure to file necessary documents.
Making his ruling, Justice of Appeal Kalembera said it was clear that facts of the matter warranted for the granting of the application by the State to dismiss the appeal for want of prosecution.
“Consequently, the appeal is hereby dismissed for want of prosecution.
“The trial in the lower court must continue,” the judge ordered after citing a number of case authorities.
Chisale presented a certificate to the public officer believed not to be his when he was getting employment in the Malawi Defence Force (MDF).
