State wants Magaya indicted at High Court

HARARE - An advocate who appeared for rape-accused Prophetic Healing and Deliverance Ministries founder Walter Magaya yesterday slammed the State for breaching the cleric’s constitutional rights by committing him for trial even after the complainant was reportedly developing cold feet.

Magaya appeared before Harare provincial magistrate Vakayi Chikwekwe represented by advocate Thabani Mpofu, who was instructed by lawyers from Rubaya and Chatambudza legal practitioners.

At the commencement of yesterday’s proceedings, prosecutor Michael Mugabe notified the court that the State wanted Magaya indicted for trial at the High Court.

However, Mpofu objected: “The State’s intention is understood but however, it is tainted because it is not in accordance with the law and liberty guarantee as set out in the Constitution.

“We are aware of two things that the State has been advised by the complainant that she does not wish to pursue the complaint and advised that the accusations are false.”

Mpofu then moved for the case to be subsequently referred to the Constitutional Court (Con-Court) for a determination on whether the State was in breach of Magaya’s rights or not.

He then applied for the complainant to be allowed to give her evidence under oath but Mugabe objected.

“The defence cannot try and call a State witness to testify on their behalf to buttress their case. Besides, there is no law which allows an accused person to challenge his indictment,” Mugabe told the court.

However, Mpofu’s contention was that he had lawful right to call the State witness to testify if he had reasonable suspicion that they (witnesses) could be corrupted or lying.

“This particular witness asserts that she had not told the truth and wants to withdraw. A State witness can be examined by the defence before testifying and I can even have the prosecutor put on the witness stand,” he said.

Chikwekwe then ruled that Magaya was at liberty to apply for referral of his case to the Con-Court but emphasised that the complainant did not have the power to influence the State case.

“The State has petitioned for trial and this is despite the wishes of the complainant. I wish to point it out that the case is between the State and Magaya. The State is the one with a constitutional mandate to determine the course of events,” Chikwekwe ruled.

“What the complainant has is a mere persuasion that cannot stop these proceedings. The defence has been clamouring for their client’s removal from remand and the long and short of it is that they do not want their client indicted.”

Subsequent to that decision, Magaya’s lawyers are expected to file their application for Con-Court referral on December 2 before the State responds on December 12.

Both parties will appear in the magistrates’ court on December 19 to present their oral submissions.

According to court papers, the complainant, a Masters in marketing student at the Midlands State University, who used to be a congregant at Magaya’s PHD ministries, reportedly accepted an invitation from the preacher to visit him at his house.

The court heard that Magaya left the woman in a room inside the house and returned later, naked. It was alleged that Magaya then raped the woman once.

Comments (5)

This is all nonsense fro the state, a waste of resources on a dead case. Just set our Father free.

Silvester Matambo - 1 December 2016

Let the wheels of JUSTICE take its COURSE IF YOUR FATHER IS INNOCENT HE WILL BE ACQUITTED.The case is between the STATE AND MAGAYA

Justice - 1 December 2016

ther are people with rape case which the courts are postponing because of time yet they are wasting time in case while the complainent is withdrawing.real rape cases like kereke cases were ingonored.15billion diamond fraud ignored.judges lake reasoning sometimes

mnhj - 1 December 2016

WHEN FOUND INNOCENT LET HIM GO WHEN NOT PUT HIM UP THE WALL AND SHOOT HIM.

JACK - 1 December 2016

Its obvious that the complainant was threatened by Magaya's goons and she was told to choose between withdrawal of the case and her life.Surely no sane person can just go to report that someone raped her without any link to that person otherwise a lot of innocent people would be languishing in prison.Magaya.Just come clean Walter ,stand trial and prove us wrong.From what i have heard,most of these so called prophets uses spirits that forces them to have sex with a different woman from their church at least twice a month,some spirits also requires that they should have sex with a virgin every month and Magaya is no exception.

Janana wa Bikaz - 2 December 2016

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