LILONGWE-(MaraviPost)-Malawi Court on Monday, March 15, 2021 rejected Prophet Shepherd Bushiri’s application on Magistrate Patrick Chirwa recusal in extradition case.
Magistrate Chirwa therefore will continue hearing the case after rejecting an application to recuse himself in the case.
Bushiri’s lawyer Wapona Kita wanted Chief Resident Magistrate Patrick Chirwa himself from the case due to fears that Chirwa would be biased because he issued a recent warrant of arrest against Bushiri and wife Mary Bushiri.
There were also concerns over the way the case was transferred from Magistrate Viva Nyimba to Chirwa as Bushiri’s lawyers claimed that there were irregularities.
However, Director of Public Prosecutions Dr Steven Kayuni in response said Bushiri’s lawyers only presented their perception.
In his ruling, Chirwa rebuffed Bushiri lawyers’ application saying the lawyers failed to prove that he would be biased.
He said he issued the warrant of arrest against the Bushiris last month because he was the only magistrate available. Chirwa also defended the transfer of the case, saying Nyimba fell ill and the law was followed in transferring the case.
Meanwhile, Bushiri’s lawyer Wapona Kita has filed another application in which he wants the court to state whether the extradition case will be handled as a civil or criminal case.
Bushiri and his wife are fighting against their extradition to South Africa where they face several charges, including money laundering and fraud.
They were arrested in South Africa last year and were later released on bail but they fled the country in November.
Bushiri claims that was in Malawi for fair trial and safety.