Malawi’s Magistrate Court has thrown out an application by the defence for self-styled poet Shepherd Bushiri and his wife Mary to have their extradition case treated as a civil instead of criminal case.
That said, the magistrate conceded that the case will not determine the guilt of the pair. It will be treated as a ‘miscellaneous criminal’ case.
There was a win for Bushiri’s defence when Chief Magistrate Patrick Chirwa ordered the director of public prosecutions to provide certified documents and records pertaining the cases in South Africa and the SADC Treaty in seven days. This will allow the defence to put together a proper case.
Interestingly, defence counsel Wapona Kita argues that it is improper to continue with the Bushiris extradition case based on South Africa court documents as evidence.
What is more, now the Bushiris want the SA witnesses to testify in his Malawi case.
The Bushiris say they are unlikely to get a fair trial if they are returned to South Africa following their dramatic run from bail in November 2020.
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