Magaya bail conditions scrapped

HARARE - Prophetic Healing and Deliverance (PHD) Ministries founder Walter Magaya’s bail reporting conditions have been scrapped, with the cleric getting his passport back.

Magaya, 32, had his passport held as surety pending instigation of trial proceedings in his alleged rape case.

He was represented by Admire Rubaya, Everson Chatambudza and Oliver Marwa when he appeared before Harare provincial magistrate, Vakayi Chikwekwe, yesterday.

However, his trial date was not set as prosecutor Sabastian Mutizirwa applied for further postponement of the case, saying the docket was now at the Prosecutor-General for perusal.

“The State is not doing lip-service to the court if we consider the passage of time indeed there has been progress. Police have since completed investigations and await correspondence from the Prosecutor-General where the docket is being managed at the moment,” Mutizirwa said.

Chikwekwe ruled: “The State has been asking for further postponements and what is worrisome is whether State investigates to arrest or arrests to investigate.”

“The State should give cogent reasons in such applications and not mislead the court. They ought to honour their undertaking to give a trial date on November 15 . . . and since State has conceded that the accused person has been religiously coming to court, I see no reason why the accused person should not be given his passport and have reporting conditions scrapped,” he said.

The matter was subsequently postponed to November 15.

Rubaya had suggested that the State removes their client from remand and call him back to court when prepared.

“I believe that remand proceedings erode into accused person’s liberty as it is not a walk in the park. If State is not ready, we can give them all the time in the world to prepare, they cannot be seen to be re-probating and approbating at the same time,” he said.

“This court cannot be misused and overused by the State. If allowed to continue like this, then they will never be rule of law. What guarantee do we have that on the next remand date they will honour their promise.”

Marwa also submitted that remand proceedings were frustrating Magaya’s operations, adding that reporting conditions must be scrapped.

“If accused person were to be remanded further, he would suffer prejudice, especially considering his social standing that requires his time, presence and conscience,” he said.

According to court papers, the complainant 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 before she later reported the matter to her boyfriend in July last year.

Comments (3)

Touch not the annointed ones.

YADAH BABY - 22 October 2016

You will never fight God and win the battle. Very soon Prophet Magaya's enemies will be crushed under his feet in Jesus' name!!!

Favour - 22 October 2016

The case has not been concluded yet others are already rejoicing. What will you say should he be found guilty? Relaxing of bail conditions is not the same as being acquitted.

Sagitarr - 23 October 2016

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