The Lilongwe Principal Magistrate Court has today freed former Head of National Intelligence Services (NIS) Kenam Kalilani and former State House head of Information and Communication Technology, Chance Chingwalungwalu who were accused of stealing intelligence equipment.
The matter was heard in Camera and the two accused were represented by Counsel Madalitso Kausi of Doreen and Cuthbert lawyers.
Kausi prayed that the two be freed, saying that the state has shown that it has not been able to prosecute the two for close to two years. The lawyer also asked that all equipment which were ceased from Dr. Kenam Kalilani be returned to him.
The state which was represented by Senior Assistant superintendent 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.
The two were arrested on 25 July and were given bail on 10 August 2020 after spending 14 days on remand in prison.
They were accused of stealing four computers with National Intelligence and Intelligence systems but the state failed to prosecute them.