A bodyguard working for Madonna boarded a small private plane at a Malawi airport today with the one-year-old boy the pop star hopes to adopt.

Madonna's private jet took off with 18-month-old David Banda, after her staff had gained access to a gate, normally reserved for ambulances

A Malawi journalist told Sky News: "Madonna's cars drove onto the runway near her private jet.

"They used a gate which only ambulances use.

"I could see the baby David with the bodyguard. It was him for sure."

Madonna's plans to adopt David have been subject of much controversy and a court bid was launched today to stop her taking the child to Britain.

However, it now appears that the injunction has not gone ahead as expected.

Malawi's Human Rights Consultative Committee, an umbrella grouping of 67 non-governmental organisations, went to the High Court in Lilongwe today to argue that last Thursday's interim court order granting Madonna permission to take David back to Britain was unlawful.

The group's lawyer, Justin Dzonzi, insisted it was a simple matter. Malawi law stated that anybody from outside the country wanting to adopt a Malawian child had to spend at least 18 months as a resident, during which their suitability as a prospective parent would be assessed.

'The decision of the court was unlawful,' said Mr Dzonzi, who is also chairman of the committee.

'Madonna is not a resident of Malawi and therefore does not qualify to apply to adopt until meeting the residency requirement. We are not against Madonna adopting a child per se. We are simply asking that she follows the laws of this country.

'We believe that the order last week is unlawful outside the statutory provision of the Adoption of Children Act.'

There has also been concern raised in Britain as to whether Madonna has satisfied the strict requirements of British law on adopting a child from abroad. A whole series of steps have to be taken, and it appears she has not yet complied with some of them. The process normally takes between two and four years.

Last Thursday Madonna and her 38-year-old film director husband, Guy Ritchie had hoped to leave Malawi with David after a court granted an interim order allowing the child to leave the country for up to a year.

The couple were ready to fly back to Britain in their private jet when problems arose, reportedly over difficulties in arranging a passport for the child.

After waiting for three hours on the tarmac negotiating with immigration officials, the boy was taken back to the luxury lodge where multi-millionaire Madonna had stayed during her nine day visit to the impoverished southern African country.

Madonna picked the boy from a 'short list' of 12 children. He had been place in an orphanage by his father, Johane Banda, whose wife died a week after David was born and whose other two sons died of malaria.

David was taken from the orphanage to the luxury lodge where Madonna was staying a week ago. The singer was formally introduced to his father, Johane Banda for the first time at the court hearing on Thursday.

At first David was cared for at the lodge by a foster mother but on Saturday morning she was driven back to the Home of Hope Orphanage in Mchinji, where David had been living.

Since then a young woman and her husband, who are among three members of Madonna's staff who stayed behind last week, have been looking after him.

David's father yesterday said: "I have no problems with the adoption process so what is the concern?" he said.

"Are they jealous or what? What I want is a good life and a good education for my child.'

Yesterday Mr Banda's cousin, Pofera Banda, said if David was eventually taken to London, the family would want to visit Madonna there to check he was being properly looked after.

'What I want to know is that if the child is taken, as we've been told, when will our child be visiting us? When will we visit him? How much contact will there be between us and him?

'If that is not going to happen then as a family we are saying the child should not go.'