Chief Resident Magistrate Patrick Chirwa of Lilongwe registry has adjourned extradition application hearing case involving Prophet Shepherd Bushiri and his wife Mary.
The two, who appeared before Court this morning in Lilongwe, applied for adjournment through their lawyers on the basis that they are yet to served with the extradition request.
According to Wapona Kita, lead lawyer representing the Bushiris, the trial is a sensitive matter and that all required steps should be following the change in Magistrates.
“Basically we were ready to proceed with the extradition request but we went at Court we realised that the matter has changed Magistrates which took us by surprise
“And at the same time we have information that it is the same Magistrate who had issued the warrant of arrest against our clients now that warrant of arrests is being challenged in the High Court,” said Kita.
He added the Magistrate who issued warrant of arrest against the couple should recuse himself from the matter on the basis of biasness.
Meanwhile, the Director of Public Prosecutions Dr Steve Kayuni said they will wait for an application on inter partes injunction application that the Defense has applied at the High Court.
“The Court in January did make an order that when come the 8th of March 2021, both parties should be ready and the matter should proceed expeditiously.
“We were just trying to emphasise the point that this is a court order that was earlier made on and then they also indicated that they were ready to start the proceedings, it’s only right and proper that the matter proceeds,” Dr Kayuni.
The court has since given the Defense two days to file a formal application and another two days for the State to respond to the application.
The trial has since adjourned to Monday March 15, 2021.