The Chief Resident Magistrate’s court in Lilongwe has today failed to start hearing testimony of a South African witness in the ongoing extradition case involving Prophet Shepherd Bushiri and his wife Mary, following an application by the defence that the witness statements were not aunthenticated according to the law.
The court has since adjourned the matter to July 10 2023 and has given the defence 14 days to make a formal application and also another 14 days for the State to respond.
Bushiri’s lawyer Wapona Kita in his oral submission argued that the State has also not made full disclosures.
Said Kita: ” The extradition request must be dismissed without hearing the so called evidence in support of it. All witnesses are not authenticated according to the two rulings on this matter.”
Senior State Advocate from the Director of Public Prosecutions ( DPP) Dziko Malunda described as an ambush, the preliminary objection by the defence saying it was supposed to have been filed formally.
In her ruling chief resident magistrate Madalitso Chimwaza observed that the application by the defence goes to the very core of the case hence the decision to allow for a formal application.
Earlier Malunda informed the court that State had lined up six witnesses to be paraded but now only one witness will testify.
The witness is a Director of Public Prosecutions for Gauteng Province in South Africa, Sibongile Mnzinyathi.
