Online Reporter
Zvikomborero Parafini
THE State yesterday successfully applied for Prophet Walter Magaya’s rape trial to be heard in camera after arguing that some of its witnesses could not testify in an open court.
In response, Magaya’s lawyers said the prophet will file a bid for referral to the Constitutional Court today.
Yesterday, prosecutor Chrispen Chimbare successfully applied to have the matter heard in camera citing that his witnesses were vulnerable and cannot testify in an open 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 and 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,” said.
In response, Magaya’s lawyers Admire Rubaya and 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 statements after statements vilifying Magaya on social media.
“There’s no basis that has been laid down as to why the matter should be heard in camera.”
In her findings, Harare regional magistrate Estere Chivasa ruled that the State didn’t have to necessarily bring tangible evidence that the witnesses were in distress.
She said that 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.
In his latest brush with the law, the court heard that the complainant and her parents were congregants at PHD Ministries.
In June 2020, Magaya allegedly invited and offered the complainant a job to work as a ministerial voluntary worker at the PHD call centre.
She accepted the invitation 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 WhatsApp message, for a Bible Study, which used to be attended by most of the youths.
Upon arrival, she found Magaya in the room with another female staff member of the hotel, watching a movie.
Suddenly, according to the State, the female staff member went out of the hotel room and locked Magaya and the complainant inside the room.
He allegedly grabbed her and raped her.
The next day, the complainant allegedly called her stepfather and told him about the rape.
She reported the matter after she got information that Magaya had been arrested for similar offences.
In the second count, the complainant is 22 years old and went to 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 manifested until around 8,30pm.
One of the church elders phoned and advised Prophet 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 then proceeded to PHD Ministries in the capital.
He prayed for the complainant and told her mother that the complainant was going to stay at Yadah Hotel for the continuation of prayers.
The mother and daughter returned to Chegutu.
In December 2022, the State says the complainant returned for a three-day Youth Conference at PHD Ministries in Waterfalls.
After the Youth Conference, Magaya allegedly ordered the complainant not to go back to Chegut but to board a bus heading to Yadah Hotel.
During her stay, the complainant used to occupy the visitors room upon instruction 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 allegedly went on to rape her broke her virginity.
