Attorney General Kelekeni Kaphale has lodged with the High Court in Lilongwe a motion to vacate an injunction Rwandan national Vincent Murekezi obtained to block his extradition.
Lawyer for Murekezi, Wapona Kita obtained a stay of the proceedings and also applied for a judicial review at the High Court Lilongwe registry, thereby prohibiting further hearing of the case at the magistrate’s court unless the higher court rules otherwise.
Murekezi is wanted in Rwanda for genocide- related crimes.
Senior assistant chief State advocate Steven Kayuni said the country’ stop lawyer Kaphale has filed motion on vacating the stay.
Kayuni said the court has set May 12, 2017 as a date it will start hearing “State submissions” on the matter.
The State made a fresh application to have Murekezi extradited after principal resident magistrate (PRM) Patrick Chilunga Chirwa dismissed the case on February 14 2017 citing non-existence of relevant and bilateral treaties as some impediments to exchanging offenders between Malawi and Rwanda.
But on February 23 2017 the two governments signed the extradition treaty, thus, compelling the State to make a fresh application.
Murekezi’s lawyer Kita argued that the treaty cannot be applied retrospectively.