The Lilongwe chief resident Magistrate Court has granted bail to Prophet Shepherd Bushiri and his wife Mary who were arrested by the police on Wednesday morning.
During deliberations the state said the offences the two contravened are not within the bounds of Malawi but they are rather detained based on an Interpol warrant of arrest and requested the court to put them on remand for 30 days whilst awaiting for the South African government’s extradition formal request.
The defence team manned by Lawyer Wapona Kita is yet to present his arguments
Making his judgement Acting Chief resident Magistrate Viva Nyimba said the arrest was illegal since the warrant of arrest wasn’t channeled through the ministry of homeland security.
RECAP WHAT HAPPENED IN THE HIGH COURT OVER BUSHIRI ARREST
State has said considering that the Bushiris jumped bail in South Africa there is a risk that they will also jump bail in Malawi if they are not happy with conditions. The state has since asked that the court grants the remand order. The suspects are to be remanded for 30 days until the South African government makes a formal request for the process of extradition. The 30 days will give room for South African government to make the formal request.
Wapona Kita, Bushiris’ legal counsel has told the court that the Sworn statements of the two tell a sad story of how the fugitives are being persecuted in South Africa.
He therefore says they apply for their release unconditionally because they were arrested illegally here in Malawi.
He argues the Bushiris presented themselves to the arresting authorities before a warrant of arrest was issued.
Bushiri Court case
Lawyer representing the Bushiris, Wapona Kita is praying to the court that the Bushiris be granted unconditional release saying the two were arrested illegally.
He argues, police can arrest someone based on extradition requests only if the minister of Homeland security issues that order to make an arrest and not just the police.
He says, defendants application tells a sad story of Malawian citizens.
However, state lawyer, Kayuni objects saying Kita should only concentrate on matters before the court.
“I don’t know why counsel Kita wants to mislead this honorable court, we are not here for extradition proceedings” – Kayuni.
Defense has objected to further detention of suspects adding they must be released unconditionally.
Court has since adjourned for one hour to decide on the matter.
Magistrate Viva Nyimba is expected to making a ruling on whether the suspects should continue being held in custody or be released as demanded by defense.