Court rebuffs APM’s ex-aide

Lilongwe principal resident magistrate Roderick Michongwe has dismissed seven preliminary objections that former president Peter Mutharika’s security aide Norman Chisale made against charges he is accused of intimidating public officers and obstructing justice.

Chisale earlier protested the six counts placed against him, arguing that, among others, some do not disclose offences under the Penal Code, lack sufficient particulars, are bad for duplicity, violate freedom of expression and that count five was not clear and did not specify the intent of accused person.

The accused also wanted the Lilongwe Principal Resident Magistrate’s Court to refer the matter to the High Court of Malawi sitting as a Constitutional Court.

But in his ruling yesterday, Michongwe said the counts placed against the accused disclose offences and there are sufficient particulars of the offence.

He said no count is bad for duplicity, arguing each offence is in one count. He said the counts were well crafted.

“The accused would not in any way be prejudiced or embarrassed when answering the charges,” said Michongwe.

The court ordered that the matter should proceed for hearing today.

Michongwe also directed that the State should bring one witness to testify today after Chisale’s lawyers raised a concern that he was not feeling well.

Prior to delivering the ruling, Michongwe ordered Chisale’s lawyers to bring their client in court after noting that he was not present for a ruling that the court was supposed to make on the objections.

His lawyer Gilbert Khonyogwa told the court that Chisale was not feeling well, adding he went for a medical examination at Kamuzu Central Hospital where he was told that he has hypertension.

Khonyongwa asked the court if it could proceed without Chisale in the dock.

However, Michongwe said he wanted to see the accused in court when he is making the ruling.

Khonyogwa committed to call Chisale and he sought leave of the court.

In an interview, State prosecutor Prescort Mwayiulipo said the State will be ready with one witness as directed by the court.

He said the State plans to parade 12 witnesses.

Chisale is answering one count of use of insulting language, three counts of intimidation, one count of obstruction or interference of the execution of legal process, one count of disorderly conduct at a police station.