The Lilongwe Magistrate Court is tomorrow set to start hearing a case in which state prosecutors are challenging the unconditional release of Shepherd Bushiri and his wife Mary.
Magistrate Viva Nyimba, last week released the couple unconditionally saying that the they were illegally arrested after the Bushiris handed themselves over to the Malawi Police Service following the warrant of arrest served by the Malawian Authorities by the International police form South Africa.
The warrant of arrest was issued after Bushiri and his wife violated bail conditions by skipping the rainbow Nations days after they were granted bail by the Pretoria Magistrate Court in South Africa, where they are answering charges of fraud and money laundering.
During the hearing of the case in Malawi, the state prosecutor had asked the court to allow the police to keep the Bushiris in custody for a further 30 days to allow authorities in South Africa to submit a formal extradition request.
However, Magistrate Nyimba said the couple who surrendered themselves to the authorities are unlikely to skip bail adding that their arrest was illegal as the minister of homeland security did not issue an arrest warrant for the couple hence releasing them unconditionally.
Bushiri and his wife skipped South Africa alleging that their lives were in danger adding that on different scenarios there have been attempt to have him and his wife killed.
He also added that he is likely not to face fair trial in the Rainbow Nation as the law enforcers who are handling his case are the ones he filed a case of corruption against hence seeking protection from the Malawi government.
He further stressed that his coming to Malawi is not to seek political sympathy but rather to be protected by the Constitution of Malawi which is obliged to protect its citizen and that he is a Malawian citizen.
Meanwhile, the South African government has also issued three warrants of arrest for Bushiri on rape charges the development he said is not surprising as it was likely to happen.