Magistrate Patrick Chirwa has dismissed the case on the grounds that Rwanda is not one of the designated countries that are mentioned in the Extradiction act of Malawi laws.
This comes after court last week asked both the defence and State to submit their views on the issue.
In its submissions state lawyer Steven Kayira told the court that the removal of a person includes those countries in Commonwealth like Rwanda and that the act intended not to include its treaty agreement between countries but arrangement between Commonwealth law and that Section 3 of the extradiction act gives power to the minister to enter into special agreement on extra-diction.
Kayuni told the court that genocide is also an extraditable offence under the extradiction act which include murder as an offence that one can be extradited for and he described genocide as killing that falls under the murder.
In their submissions the defence team led by Wapona Kita told the court that the case at hand is being tried using the Extradiction act of Malawi and by virtue of the issuing of Authority to proceed by the Home affairs minister as stipulated in the act, the case can’t continue using the Commonwealth treaty if Rwanda is not one of the countries in agreement with Malawi under the act.
Kita argued that even in 1998 when the act was being revisited genocide had already took place in Rwanda, Malawi government still didn’t include genocide and Rwanda part of the act.
He told the court that the law is basic and it’s a wakeup call to a state, ministers to go and visit the powers and make provisions with Rwanda.
In his ruling today, SRM Patrick Chirwa agreed with the state that genocide falls under the murder and that it is indeed an extraditable offence according to the extradiction act of Malawi.
His worship Patrick Chirwa however, agreed with Kita’s argument that the Rwanda is not a designated country for extradition under the Extradition Act and dismissed the case .
He then set Murekezi free but said he will still be in custody for another case of ACB which he is answering.
In an interview with Nyasa Times, State lawyer Kayuni while agreeing with the ruling he said they will likely come back to the court with the matter if the Malawi government enters into the agreement with Rwanda and gazzeted in the Extradition Act.
Defence lawyer Kita expressed satisfaction with the ruling saying it is well reasoned and grounded in law.
- Murekezi during recent court appearance.