PROPHETIC Healing and Deliverance leader Walter Magaya has accused prosecutors of trampling on his rights and employing guerilla tactics by trying to force the start of his trial against evidence of withdrawal of complains by some of the alleged victims of the alleged rape. Represented by Admire Rubaya and Everson Chatambudza, Magaya is facing six counts of rape and has mounted a fresh application to have the case referred to the Constitutional Court. This has so far stalled the commencement of the trial involving the three women as the presiding magistrate Francis Mapfumo attends to the application.
In his founding affidavit Magaya has raised three issues which he believes the State is violating his rights. He argues that one of the alleged rape victims has written to the Prosecutor General through her lawyers indicating her wish to withdraw but the State insists on prosecuting him. “I submit with respect that this process has become unconstitutional.
The State which is aware that a false complaint was made and which has received a withdrawal of that complaint to that end, must not throw the matter to the court. That is an abdication of constitutional function. “The complainant, expressly indicates her wish to withdraw and confirms that she has ad nauseum and repeatedly communicated her intention to the Prosecutor General and officers of the NPA.
[paywall]
She particularly makes it clear that she has not been influenced to take a position. Notwithstanding this confirmatory communication, the state still wishes to take me to trial before this court on that count,” he argued. The clergyman argues that the matter is now beyond legal with the prosecution seeking selfish agendas. Magaya further alleges that the prosecution is interfering with investigations highlighting that the Chief Director Tendai Shonhayi told the court on the 26th of January 2026 that she had attended to amend the statement of alleged rape victim based in Ireland.
[/paywall]
All Zim News – Bringing you the latest news and updates.
