The Chief Resident Magistrates Court in Lilongwe has suspended its ruling for 30 days in a case which it earlier ruled that Prophet Shepherd Bushiri and wife Mary should be under custody awaiting their extradition to South Africa to face charges leveled against them.
High Court Judge Madalitso Chimwaza was delivering the ruling as Chief Resident Magistrate indicated that the 30 day period should allow the defence team file for bail and appeal to the High Court.
Chimwaza earlier ruled that Prophet Bushiri should answer rape charges on three complaints out of the eight that were there and answer two other offences together with his wife.
Defence lawyer Wapona Kita appealed for a stay as he wanted to seek bail for his clients and appealed the ruling.
However Chimwaza said the court could not grant bail arguing it should be granted by the High Court.
Kita later told reporters that he was happy the court agreed with him to stay the ruling.
“We intend to appeal against that decision to the High Court as the Court has found them extraditionable on three offences, so on that one we’d like the High Court to take a second look at it so that’s why we applied for a stay.
“A stay means that the decision would not have effect until the determination by the High Court but then because there was no bail granted, that’s why she said no make a formal application for bail in the High Court”.
Kita stated that he’s yet to get a copy of the judgment hence it’s quite premature to say much on the issue.
Director of Public Prosecutions (DPP) Masauko Chamkakala said the state will wait for the defence to map the way forward.
As it stands, the fugitive couple which fled the rainbow nation in November 2020 jumping bail citing safety concerns remain free.
