High Court Judge Redson Kapindu has directed Lilongwe Magistrate’s Court to be open and flexible to alternatives such as video conferencing in hearing of South Africa based witnesses in the extradition matter involving fugitive Prophet Shepherd Bushiri and wife, Mary Bushiri.
Kapindu in his ruling today has
sustained last year’s Magistrate Court’s ruling that the extradition matter be conducted by way of Preliminary enquiry as provided for under Malawi laws.
Last year, Magistrate Patrick Chirwa ruled that the witnesses should appear physically in Malawi court to be cross-examined.
But the State applied before the High Court last year to review the magistrate court decision to have a preliminary enquiry in the case.
Preliminary enquiry is where, among others, you allow all witnesses to be examined and cross-examined in the court.
In his ruling, Judge Kapindu said the magistrate did not err in law when he ruled for preliminary enquiry which involved bringing wtiness in Malawi to testify.
However, the judge advised the magistrate to be open and flexible in listening to alternatives of hearing witnesses which may include virtual hearing.
He said the Magistrate Court should asses reasons given in order to determine if the witnesses cannot come to Malawi to testify.
In an interview, Bushiri’s lawyer said this was one of the best rulings from the Court.
“We are happy that the Court has agreed with our position on what a preliminary inquiry entails, which is that witnesses must come to physically give evidence.
“The Judge of course added that only in exceptional circumstances can the Magistrate Court depart from the physical hearings,” he said.
As way forward, Kita said the onus is on the State to make the next move as they are on the receiving end.
Bushiri and his wife are fighting against their extradition to South Africa where they face several charges, including money laundering and fraud.
