Magaya rape case: Lawyers slam State

HARARE - Lawyers representing Prophetic Healing and Deliverance (PHD) Ministries founder — Walter Magaya — yesterday raised concerns over the handling of the cleric’s alleged rape case and slammed the State for failing to set a trial date.

Magaya — accused of raping a 25-year-old former congregant — appeared before Harare magistrate Bianca Makwande hoping to have a trial date set, as investigations had been said to be complete in the previous court hearing.

However, prosecutor Audrey Chogumaira sought a postponement to October 21 saying there were pending statements to be recorded.

Magaya’s attorneys — Everson Chatambudza and Admire Rubaya — consented to the postponement but had no kind words for the State.

“We want to register our displeasure in the manner this case is being handled,” Chatambudza said.

“When we appeared in this court two weeks ago, the State said we would be furnished with a trial date today (yesterday) but that did not happen.

“They are now saying there is an outstanding statement to be recorded but we were told that investigations had been completed,” he said, adding that “if the State has no case they should be honest and tell us”.

“The State will not suffer any prejudice if they summon the accused person when ready, he is ever available.”

Rubaya proposed that prosecutors consider further relaxation of Magaya’s reporting conditions since they had consented to have the matter postponed.

“Since we are not opposed to the postponement, we feel the State should scratch our back as well by agreeing to have the accused person’s reporting conditions relaxed from reporting once a week to at least once a fortnight or month,” Rubaya said.

However, Makwande did not grant the application for further relaxation of bail conditions but ordered the State to provide a trial date on October 21 or have Magaya, 32, removed from remand.

According to court papers, the complainant —Masters in Marketing student used to be a congregant at Magaya’s PHD ministries.

She allegedly accepted an invitation from the preacher to visit him and was shown around the house.

The court heard that Magaya allegedly left the woman in a room inside the house and returned later, naked.

It was alleged that Magaya then raped the woman once.

It is also the State’s case that after the incident, Magaya gave her $200 and she later reported the matter to her boyfriend in July last year.

Comments (9)

Havana nyaya. Wasting Magayas time with their nonsense

TATENDA - 29 September 2016

Pane nyaya apa. Aka raper munhu munhu uyu. ngaaende anorepwawo kujeri

Great Dzungu - 29 September 2016

from a prophet you get either one of the two: a blessing or a case. beware!! love you papa #team pwm

andrewyadah tv - 29 September 2016

Our justice system is flawed, we should have a process like in the US when evidence is entered into discovery & both the state & the defence can examine the evidence. Their case is weak & they're using delaying tactics

Julius Nyerere - 30 September 2016

This is not the first time Petronella's witness, Elliot Kudakwashe has been involved in a case like this. He did the same thing to some Pastor in Chitungwiza who was later acquited after evidence yashaikwa.

JJ - 30 September 2016

This is not the first time Petronella's witness, Elliot Kudakwashe has been involved in a case like this. He did the same thing to some Pastor in Chitungwiza who was later acquited after evidence yashaikwa.

JJ - 30 September 2016

Yes, he did that to Pastor Makoni of Chitungwiza. It seems he specialises on tarnishing the image of man God.

Dzasuka - 30 September 2016

Smells of political interference. Do not touch the anointed.

Pieter Herbst - 1 October 2016

Smells of political interference. Do not touch the anointed.

Pieter Herbst - 1 October 2016

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