Chief Resident Magistrate Patrick Chirwa has quashed an application by the state to allow witnesses to testify against the Bushiris virtually.
In his ruling the Magistrate agrees with arguments by the defence that the application has no legal basis.
According to the court, part 8 of the Criminal Procedure and Evidence Code requires that witnesses in a criminal matter be physically in court to testify in the presence of the accused.
The court also highlighted that Magistrates unlike the High Court do not have powers to allow video conferencing as such allowing witnesses to testify in South Africa virtually would mean going beyond the powers of a Magistrate Court
On the issue regarding Covid-19 and travel logistical challenges, the court has observed that the issue as advanced by the state is speculative as there is no evidence that the witnesses are advanced in age and also that there is no evidence that any of the witnesses is Covid-19 positive.
Senior Resident magistrate added that much as it is true that the world is going through tough times due to COVID-19 and there is need to embrace new way of conducting business, but the courts in Malawi have been conducting trials amidst the pandemic under strict adherence to Covid-19 rules.
The ruling means that the state has to make arrangements with government of the republic of South Africa to bring the witnesses who are ten in total to Malawi.
The court has since being adjourned to second week of July.