Magistrate Court in Lilongwe has ruled that Prophet Shepherrd Bushiri’s South African accusers should come to Malawi to testify as part of authenticating their sworn affidavits.
Bushiri had asked the court to let his South African accusers appear before Malawi courts to be cross-examined by the defence.- The magistrate says, the law says, the court must receive evidence in the same way that a preliminary inquiry would.
In his ruling, magistrate Patrick Chirwa said that state argued that the court must interpret the law is wrong.
He said that the law as he reads it in section 9 of extradition act says the court must have same powers and jurisdiction as in a preliminary inquiry.
Chirwa noted that the court must rely on part 8 of the same section. He further said that he he agreed with defence that the state violated the law by not reading out charges, and not interviewing witnesses for evidence.
He also said the state cannot rely on statements taken by other people in some other places, adding that the law allows the accused people should be allowed to interview witnessed.
Magistrate further added that the Bushiri’s have a right to question all witnesses and that the state must allow the Bushiri’s the right to question witnesses.
He then ruled that witnesses must be present in Malawi and sign under oath in Malawi
“The court says witnesses must be present in court in Malawi so as to satisfy the rights of the Bushiri’s,” he said.
The matter has since been adjourned to April 19.