By avantmalawi
Chief Resident Magistrate Patrick Chirwa has started hearing an extradition case involving Shepherd Bushiri and his wife Mary.
Today, the State was supposed to parade it’s South African witnesses but the witnesses have failed to show up at the court.
The State therefore has brought an application where they are praying to the court to have it’s witnesses testify through video conferencing.
Steve Kayuni Director of Public Prosecution, has told the court the witnesses are ready to testify but said can not come to the court physically because of some logistical challenges and Covid19 restrictions.
Lawyer for the Bushiris, Wapona Kita, is opposing to a request by the DPP to have witnesses paraded through video conferencing.
Kita points out that the application by the state, has only been made yesterday and it has no legal basis.
He further explains that the Criminal Procedure and Evidence Code is silent on the use of video conferencing hence the court must not accept
Kita further argues that the application has no valid grounds adding that the Court has been going on amidst Covid-19 “so for someone in South Africa to say they cannot come to testify physically is an insult to the court itself.”
He says the only circumstance where the court can allow a video conference is when there is strong evidence that a particular witness is Covid-19 positive.)positive
Update:
The Bushiri extradition case has been disrupted because of the noise coming from outside the court.
Bushiris’ followers have gathered outside the court and are chanting songs telling the court not to extradite the Bushiris to South Africa.
Chief Resident Patrick Chirwa has asked Bushiris lawyers to intervene on the matter saying the noise is disrupting court proceedings.
Kayuni, Director of Public Prosecution has asked if the people can be moved to a far distance to reduce the noise.
Kita says, he is also being disrupted by the noise and Bushiris security men have walked out to address the situation.
Bushiriextradition
The defense continues to argue before the Senior Resident Magistrate court that the said witnesses for the state are not of advanced age as they are aged between 20 and 31.
According to Kita, the cost of travel, availability of flights and accommodation, are lame excuses coming from the DPP.
He has told the court that witnesses for his clients and other lawyers from South Africa interested in the case are already in Malawi
The DPP, Steven Kayuni, tells the court that the matter before the CRM is on whether or not witnesses will attend physically and whether or not statements will be taken from the witnesses through video conferencing.
Kayuni states that the magistrate court has for long been allowing video conferencing for vulnerable witnesses, and in cases involving children who do not need to be physically present in the courtroom.
He points out that making considerations on having the witnesses travel from South Africa to Malawi may stall the case at hand.
He says it is possible through video conferencing to examine, cross examine and re examine witnesses in the extradition case.
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Chief Resident Magistrate Patrick Chirwa has reserved his ruling in the Bushiri extradition case for Tuesday morning.
Chirwa is expected to rule whether or not witnesses will be brought to Malawi from South Africa to testify in the extradition case.
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