Chisale, the ex-bodyguard of former President Peter Mutharika, is being accused of using another person’s Junior Certificate of Education to join the Malawi Defence Force (MDF).
He applied for a stay order to stop the case at the Senior Residents Magistrate pending a determination on his application for a leave to appeal.
High Court Judge Annabel Mtalimanja has dismissed the application for stay saying Chisale’s application was incompetent and he had no grounds for the application.
In the case which started last year, the state already paraded the alleged owner of the JCE certificate which Chisale used to get a job.
The court also heard the testimony of Major General Alick Bentry Mhone of the Malawi Defence Force (MDF).
The state was later allowed to replace the name of Mhone with that of Brigadier General Gilbert Thomas Chaona as the officer who received Chisale’s certificate in 1996. The state was also allowed to make other amendments.
Chisale appealed against these changes at the High Court saying the proceedings should be reviewed but his appeal was dismissed in August. He then sought a stay of the High Court order pending determination of an application for permission to appeal to the Supreme Court of Appeal.
