LILONGWE Chief Resident Magistrates Court in Malawi on Monday, 11 July, dismissed preliminary applications by the state to have witnesses in the Bushiris’ case testify in South Africa.
Chief Resident Magistrate Madalitso Chimwaza gave the state and the lawyers of Prophet Shepherd Bushiri and his wife, Mary, 14 days, to make fresh presentations on whether witnesses in the extradition case should be heard through video conferencing.
In her ruling, Chimwaza said the need to have witnesses heard through video conferencing would be determined by her court if necessary.
Previously, the state argued that witnesses should not travel from Mzansi to Malawi due to logistical challenges and Covid-19. During a hearing last month, Director of Public Prosecutions Steven Kayuni argued it would also be expensive to bring witnesses to Malawi.
Bushiri’s lawyer Wapona Kita challenged the application by saying the issue was already dealt with by the same court in its ruling on 8 June 2021, in which it ruled the reasons were not convincing enough.
Kita said it was worrying that the matter was moving backwards with the view that it had been taken up by a new magistrate.
With the current ruling, an application by the state to have the matter reviewed by the high court fell off and objections by the defence had similarly been dismissed. The Bushiris are expected to return to court on 5 August.
The prophet and his wife fled Mzansi in 2020 while on bail, facing charges of money laundering and fraud. Bushiri faces an additional eight counts of rape.
