The Supreme Court of Appeal Friday ordered the release of Norman Paulosi Chisale from custody with immediate effect.
Making the ruling, Justice Lovemore Chikopa noted that since Chisale was arrested on homicide allegations in July this year, he has not been taken to court and therefore his detention is illegal and that he should be released.
Justice Chikopa said he was in agreement with Chisale’s lawyers that the suspect was in illegal detention.
“The court found as the fact that the respondent was, by his own admission, aware of not only above fact but also of what the law requires of him, in order to retrieve the situation, namely to release the applicant from the said illegal detention /custody, the respondent did not however do as the law required of him, ” reads part of the judgment.
The court further declared that there is no need to attach special conditions to his release as he was earlier granted bail by both the High Court and the Magistrate’s Court.
Meanwhile, Attorney General (AG) Chikosa Silungwe said his office will abide with the court ruling.
“Yes, I have seen the order and we will abide by the court ruling, a court order has to be adhered to at any cost, and since the High Court and Magistrate’s Court earlier granted him bail, he has to abide by those court orders Silungwe said.
Chisale, who is former president Peter Mutharika’s security aide, recently sued the AG for unlawful custody.
His lawyer, Chancy Gondwe, had filed the suit at the Supreme Court of Appeal on Thursday.
Chisale is facing a murder charge in connection with the death of former ACB Director of Corporate Services, Issa Njauju.
“We filed an application at the Supreme Court to release our client who is in illegal custody. One can only be on remand pending committal for 30 days, according to the law,” he said.
Last week, Chisale was transferred from Maula Prison in Lilongwe to Zomba Mental Hospital where he was expected to be examined and monitored for any signs of mental disorder.
This was after his lawyers told the High Court that Chisale was mentally disturbed and needed to be given bail.
However, Judge Ivy Kamanga rebuffed Chisale, questioning how a mentally disturbed person could sign court affidavits.
Chisale has also been charged with abuse of office where he is alleged to have used his powers to cut a multi-billion Kwacha cement deal with Ahmed Chunara of Milton Hardware, using the then president’s Taxpayer Identification Number (TPIN) to import millions of bags of cement duty free.