Chief Resident Magistrate Patrick Chirwa has directed that the case involving Shepherd Bushiri and his wife be handled as a criminal matter.
The ruling comes after the defense team requested that the matter be handled as a Civil case while State was of the view that it is Criminal.
Delivering his ruling Monday, Chirwa also told the State to furnish the defense team with the Extradition application documents.
And reacting to the ruling, Steve Kayuni Director of Public Prosecution expressed excitement that now the case will run smoothly in the criminal court.
But Defense lawyer Wapona Kita, said defense will go through the ruling on decide on the way forward.
Meanwhile, the court is expected to deliver a ruling on Monday on whether it is necessary for witnesses from South Africa to come and testify in Malawi court as defense is requesting.
RECAP
The extradition case of Enlightened Christian Gathering Leader, Shepherd Bushiri and his wife Mary continues in the Lilongwe Chief Resident Magistrate’s Court today.
The case is being heard by Chief Resident Magistrate Patrick Chirwa.
Last week, Bushiri’s lawyer Wapona Kita asked the court to give directions as to whether the case should proceed as a civil or criminal matter.
Chirwa says the case will proceed as a criminal matter and not a civil case.
Magistrate Chirwa has ruled in favour of the Bushiris and ordered the Director of Public Prosecutions to provide “duly certified” documents and records pertaining to the cases in South Africa and the SADC Treaty in 7 days.
He added that it is important for the State to do that as it will help the defence to prepare their arguments.
avantmalawi.com