The Lilongwe Chief Resident Magistrate Court on Monday, July 11, 2022 dismissed preliminary applications by the State to have witnesses in Prophet Shepherd Bushiri case testify in South Africa.
Chief Resident Magistrate Madalitso Chimwanza therefore has given the State and defense lawyers 14 days each to make a fresh application on how the witnesses should give their testimony and based on that make its decision.
The matter has been adjourned to August 5, 2022 for hearing of the fresh applications.
This comes as there has been fearless fight between state and defence team on Friday, June 17 on whether witnesses be physically in Malawi from South Africa in Bushiri’s extradition case.
The State, under Director of Public Prosecution (DPP) Steven Kayuni applied to have witnesses record their evidence in South Africa citing logistical challenges as the reason.
Kayuni told The Maravi Post outside the court that witnesses needed to be protected from any reprisal hence an applications for them to record their testimonies.
“These witnesses exist as we have records of their details. We are acting on South Africa government that their testimonies be recorded not to be physically in Malawi, ” justifies Kayuni.
Kayuni however said the state want the High Court to determine on the matter not the lower court.
While defense counsel led by Wapona Kita objected arguing that the issues being raised were already dealt with by the Court through its ruling of June 8, 2021.
Kita insisted that witnesses should come to Malawi to testify.
