By Misheck Msumba

The Lilongwe Principal Magistrate Court has today discharged former Head of National Intelligence Services (NIS) Dr. Kenam Kalilani and former State House head of Information And Communication Technology, Chance Chingwalungwalu in a criminal case which the two, were accused of stealing National Intelligence equipment in 2020 (Espionage).

The matter was heard in Camera.

The two accused were represented by Counsel Madalitso Kausi of Doreen and Cuthbert lawyers.

Kausi prayed that the two be freed for state’s failure to prosecute them for close to two years, and that all equipment which were ceased from Dr.Kenam Kalilani be returned to him.

The state which was represented by Senior Assistant supretendent Kadawayula did not object to the application.

The state further accepted that despite court’s order, they did not provide defence and court with disclosures due to change of officers in Prosecution department twice.

However, the state prayed that the equipment which were taken from Kalilani be in the custody of police.

Making his ruling, Judge Patrick Chirwa said the court is of the view that the case should be discharged and equipment ceased from Kalilani be restored to him on condition that they should not be disposed, and if the state wants them for investigations, they should arrange with defense.

Chirwa added that the state is free to commence the case within a period of a year if they find any evidence through summons.

Speaking to Lawyer Madalitso Kausi who represented the two. He said he was happy that justice has been served on his clients.

“My position has been the the same that the state did not have a case with my clients. I have applied to have this matter dismissed for several times at the court, the state has failed to prosecute my clients for close to two years and today justice has been served,” added Kausi.

The two were arrested in July 2020 and spent two weeks at Maula Prison on remand.

They applied for the case discharge on 21 June 2021.