Online Reporter
Zvikomborero Parafini
Court Reporter
PROPHETIC Healing and Deliverance leader Walter Magaya is expected to file his bid for referral to the Constitutional Court today following the State’s application to have his rape trial proceed in camera.
Yesterday, prosecutor Chrispen Chimbare successfully applied to have the matter heard in camera, arguing that his witnesses were vulnerable and could not testify in an open court.
“The State intends to make an application for the matter to be moved to the victim-friendly court.
“The complainants, who are supposed to testify in this court, are vulnerable witnesses; a lot has been happening and they have been going through a lot emotionally and mentally. It wouldn’t be in the interests of justice and their good mental health to testify in an open court.
“Further, some of the witnesses have expressed their reservations about direct contact with the accused. Therefore, for the sake of the proper administration of justice, it’s the State’s position that the court affords these witnesses the protection that they require,” argued Chimbare.
In response, acting on behalf of Magaya, lawyers Mr Admire Rubaya and Mr Everson Chatambudza opposed the application.
“We are vehemently opposed to the application because what qualifications does Chimbare possess to be able to reliably tell this court that the witnesses are emotionally distressed, he is not a psychologist.
“The State has come to you with nothing and they are making bold claims that the witnesses are vulnerable, yet they ought to place reasonable evidence before this court that the witnesses are distressed.
“The State thinks they are cousins of the court, yet the court ought to know the reservations the witnesses have, the court can interview the witnesses.
“The women being said to be vulnerable are old ladies in their 20s and 30s, not one of them is under the age of 18. The State is somersaulting to have the trial heard in secrecy as if it’s some African ritual yet they were producing statement after statement vilifying Magaya on social media. No basis has been laid down as to why the matter should be heard in camera,” argued Mr Rubaya.
In her findings, Harare regional magistrate Ms Estere Chivasa ruled that the State didn’t necessarily have to bring tangible evidence that the witnesses are in distress.
She said that at the reading of the State’s outline, the mere mention that they have reservations testifying in an open court was reason enough to grant the State’s application.
The ruling prompted Magaya to seek to have the matter referred to the Constitutional Court to answer the question whether it is constitutional for the matter to be heard in camera in the circumstances.
Magaya is expected to testify in the application today.
In his latest brush with the law, the court heard that the complainant and her parents were congregants at Prophetic Healing and Deliverance Ministries.
In June 2020, Magaya allegedly invited and offered the complainant a job to work as a ministerial volunteer at the PHD call centre.
She accepted the offer and went to stay at the church hotel.
Prosecutors alleged that on July 26, 2020, Magaya invited her to Villa 13, a hotel room, through a WhatsApp message to attend a Bible Study session, which used to be attended by most youths.
Upon arrival, she found Magaya in the room with another female staff member of the hotel, watching a movie.
Suddenly the female staff member left the hotel room and locked Magaya and the complainant inside.
He allegedly grabbed her and raped her.
The next day, the complainant allegedly called her stepfather and reported the rape.
She reported the matter after she got information that Magaya had been arrested for similar offences.
In the second count, the State claimed the complainant is 22 years old and worshipped in Magaya’s church from 2014 to 2023.
Allegations are that in 2022, the complainant attended a church service at PHD Ministries in Chegutu, where she had a demonic manifestation that lasted until around 8:30pm.
One of the church elders phoned and informed Magaya about the incident and he asked the complainant to proceed to PHD Ministries Harare for prayers.
The following day, the complainant and her mother went to PHD Ministries Harare as directed by Magaya.
He prayed for the complainant and told the mother that the complainant was to stay at Yadah Hotel for the continuation of prayers to get rid of the demonic attacks.
The complainant’s mother bought the idea, but on that particular day, they returned to Chegutu to prepare for the complainant’s return.
In December 2022, the complainant returned for a three-day Youth Conference from Friday to Sunday at PHD Ministries, Waterfalls, Harare. After the Youth Conference, Magaya allegedly instructed the complainant not to go back to Chegutu but to board a bus to Yadah Hotel.
During her stay, the complainant used to occupy the visitors room on instructions from Magaya.
It is alleged that in 2023, Magaya invited the complainant to the Presidential Suite at the hotel.
The girl went to the suite and realised that she was alone with Magaya in the room, who then went on to rape her, breaking her virginity.
After raping her, Magaya allegedly threatened her with death. The girl later revealed the matter to her mother and filed a police report when he was arrested on other charges.
Prosecutors told the court that the third complainant is 33 years old and was a member of PHD ministries from 2016 to 2017.
The court heard that in July 2016, the complainant attended church and Magaya prophesied that she was holding on to something that she did not want to let go.
She failed to understand the prophesy and was referred to a counsellor.
The complainant revealed to the counsellor that she had been given fat from a sheep by a certain faith healer.
The counsellor told the complainant that Magaya was referring to that fat and was advised to bring the fat to the following church service. On the next church visit, the complainant brought the fat in question and Magaya ordered her to continue visiting the counsellor.
Magaya allegedly then ordered the complainant to resign from her job and offered her a job at his Housing Project.
He asked her to meet him at Borrowdale Primary School the following morning so that he could show her the Housing Project, where she would work.
When they met the following morning, Magaya drove the complainant to house number 15 Wadham Road, Borrowdale, Harare.
Upon arrival at this house, Magaya allegedly opened the door, invited the complainant into the sitting room and made her sit on the couch before giving her US$3 000 as her salary for the next 10 months.
Magaya, who was sitting on the other side of the couch, then asked the complainant to sit on his lap and she refused.
He went to the next room and called the complainant, who went there and found him naked standing near the bed.
The complainant stood by the door and refused to enter into the room, but Magaya moved towards her and allegedly dragged her into the room and raped her.
The fourth complainant is also a church member, aged 21.
