shiny suits…Walter MagayaBy Dorrothy Moyo| Prophetic, Healing and Deliverance (PHD) Ministries founder Walter Magaya’s rape trial has been set.
Magaya is appearing before the High Court accused of raping one of his congregants three times, causing her to have an abortion and also obstructing the course of justice.
At the beginning Magaya was only charged with rape.
The High Court trial will be on April 3, 2018.
The case was first exclusively and classically exposed by ZimEye.com.
Magaya had obtained leave to approach the Constitutional Court in December 2016 by Harare Magistrate Vongai Muchuchuti to challenge his indictment for trial after the complainant in the matter withdrew the matter. Magaya attempted at an argument that he could not be tried over a rape case where the complainant in the matter had voluntarily withdrawn the case. The constitutional challenge cited section 56(1), 69(1), 49(1)(b) and 70 (1) which he argued guaranteed his rights to a fair judicial process.
However, the Constitutional Court application was thrown out in September 2017 citing serious irregularities in his application. Tye verdict was that the papers filed by Magaya’s counsel were faulty and could not be entertained by the Constitutional.
The Prosecutor General’s office has indicated that they are now going ahead to trial even after the complainant in the matter had indicated that she did not wish to pursue the sexual assault charge.
Contrary to the Preachers argument the State has prevailed in that it has an affidavit in its possession where the complainant claimed she was threatened into withdrawing the matter by some people whom she declined to name.