Chief Resident Magistrate Madalitso Chimwaza has dismissed a preliminary objection by lawyers representing Prophet Shepherd Bushiri and his wife Mary who wanted South Africa-based witnesses to physically testify in the trial here in Malawi.

The State wanted the witnesses to testify via a video link citing logistical challenges and coronavirus pandemic as constraining factors.

But delivering her ruling this morning in Lilongwe, Magistrate Chimwaza said in accordance with High Court’s determination on the matter, her court would like to retake the trial.

The court has also dismissed an application by the State that applied referral of the matter to the High Court.

“I think she is a new Magistrate on the matter, she has taken over the matter afresh and based on the decision from the High Court she wants to set her own directions on she is going to attend to the matter.

So she has asked both parties to make their representations on they want the evidence to be submitted in court,” said Wapona Kita, lawyer representing the fugitive offenders.

Meanwhile, the State, through its Senior State Advocate Matthews Chione said the State will not appeal the ruling.

He said: “We are going to make new submission on the matter as to whether the witnesses will give depositions in South Africa, that’s what the court has said today.

We are not going to appeal because the court has said make new submissions, it has not said we have made a ruling, so we are not going to appeal.”

The case was previously being heard by Chief Resident Magistrate Patrick Chirwa before he was promoted to the High Court bench.

Hearing of the matter has since been adjourned to August 5, 2022.