The Lilongwe Magistrates court has rejected a request by the state to re-arrest Prophet Shepherd Bushiri and his wife Mary while it is processing their extradition to South Africa.
Principal Resident Magistrate Viva Nyimba defended the argument by the couple’s lawyers that they should only be summoned before the police not locking them behind bars since a ruling on the matter was already made.
During the interparty hearing, Director of Public Prosecutions Steven Kayuni and Bushiri’s lawyer Wapona Kita screened the extradition process for the two where it transpired that the Prophet is also wanted on alleged rape charges in South Africa.
In his submissions, Kayuni had made an application to have the fugitive couple arrested as opposed to having them attend court through summons.
He informed the court that besides answering to charges of theft, fraud, forgery and failure to comply to bail conditions in South Africa, he is also facing three counts of rape.
Among others, Kita sought an amendment to court documents to reflect the fact that the two were merely summoned and not arrested.
In his ruling Nyimba told the state to file all remaining documents to the defence team on 18th January and has adjourned hearing of the extradition case to March 8, 2020.