One of the lawyers who took a leading role in organising demonstration in defence of the judiciary and rule of law Alexious Kamangila has faulted the manner through which government is arresting Peter Mutharika’s bodyguard Norman Chisale.
Posting on his Facebook wall, Kamangila questioned if the events occurring are end of abuse of power or migration of power to abuse?
“The Actions of and years later the treatment thereafter of Norman Chisale should worry every Justice pursuing individual. Of course now it’s popular, so they get away, in the same way they did in the past as fresh as barely 6 weeks ago.”
“Rule of Law isn’t only in arresting or/and detaining, but in how such is exercised and seen throughout the process. The Right to Fair Trial isn’t or shouldnt be a castle in the air.”
“Yes offences that are not founded on the same facts, are not part of the same series of events and of different character must be tried separately. That’s in fact to the benefit of the accused persons.”
“But to TRY and to ARREST are not the same things. A single arrest can lead to many Trials and in this case there is a clear Abuse of Office, for whatever justification. More importantly, when you analyse the facts, that in all instances, an arrest has been following not only a grant of bail, but as well as sunct as the bail conditions are met (upon paying Millions and holding sureties with to be paid millions), a fresh arrest is effected.”
“Further, the subsequent arrests being as a result of past alleged crimes, which should have been ‘completed files’. Discretion is upon the Prosecution, but such discretion is to be exercised judiciously and not to prejudice the accused person(s).”
“I can go on, but essentially the Right to Fair Trial is in question.
Next time, let’s discuss the authorities that never made arrests and/or cleared people but now are in the fore front making revelations. Justice sees no face, an accused person, even a convicted person deserves to be dealt with justly,” posted Kamangila on his Facebook wall.
Kamangila is one of the few human rights lawyers who lobby against death sentence. He is also involved in more cases where he identifies prisoners who were sentenced unfairly and he represents them.
In 2017, Kamangila represented Matiki Njala and his co-accused Eliya Kadzombe who got arrested after being suspected to have killed their relation in Blantyre. The two spent 9 years in Prison due to a missing file but were later released when Kamangila argued their unfair remand.