The High Court in Lilongwe is yet to make a ruling on whether fugitive businessperson Misozi Chanthunya should be granted bail or not.
The State however has objected to the bail application which lawyer for the accused Donvan Sulungwe made in July.
On Monday senior state advocate Dziko Malunda filed a preliminary objection before Judge Esmie Chombo (In the chambers), on the basis that Malawi court has no jurisdiction on a person who is in South Africa.
Chanthunya is accused of murdering his pregnant Zimbabwean girlfriend Linda Gasa some seven years ago and had applied for bail and discharge at the High Court in Lilongwe.
In its skeletal arguments filed at the court the state among others argues that the applicant is not detained in Malawi so is not eligible to bail.
Reads the application in part: “It is our submission that it is a right which is only available to detainees that are detained within the country. It would be unimaginable to think that Malawi courts would have jurisdiction over accused that are undergoing due process of law, for example extradition in other countries.”
Chanthunya’s lawyer told Nation Online that the defence were served with the documents on short notice and asked for more time before responding.
The fugitive who fled to South Africa following the alleged crime has been fighting his extradition in the rainbow nation courts fearing a possible death penalty if he is repatriated back home.
Chanthunya was captured by Interpol in Rustenburg South Africa on January 23, 2012 after being on the run for 17 months.
After the arrest, the Malawi government asked the South African authorities to have the suspect repatriated to Malawi, but the issue ended up in court.
The late Gasa was found buried under concrete at Chantunya’s private cottage in Monkey Bay, Mangochi.