By Courts Writer
PROPHETIC Healing and Deliverance Ministries founder Walter Magaya’s application for his case to be referred to the Constitutional Court on the ground that the National Prosecuting Authority is violating his right to a fair trial, has been dismissed.
Magaya, who is facing rape charges, argues that the complainant withdrew the allegations long ago.
However, Harare magistrate Francis Mapfumo dismissed the application, ruling that it did not raise any
Magaya was challenging amendments to the charge outline made by the police, arguing that the changes went beyond the removal of references to him as a prophet.
He sought referral of the matter to the Constitutional Court, alleging violation of his constitutional rights and accusing the State of proceeding with the case despite some complainants having withdrawn their cases.
The clergyman also argued that police altered witness statements, an issue that came under scrutiny during cross-examination by defence lawyer Admire Rubaya.
The investigating officer admitted making changes to Magaya’s affidavit but maintained that the amendments were merely clarifications.
In a passage read out in court, the complainant said she did not report the alleged rape incidents because she felt “completely unsupported and isolated”.
“My parents, whom I hoped would provide guidance and protection, held the accused in high regard and had no reason to doubt him. I felt they would neither believe or support me if I came forward,” the statement read.
She said both her parents were employed by Magaya, a circumstance that made it even more difficult for her to speak out.
“This made it even harder to speak out,” she said, adding that she also felt compelled to protect her family’s reputation.
Magaya is being accused of raping women from his church, allegations he denies.
He is also involved in a separate rape case before magistrate Esthere Chivasa. Proceedings in that matter were stayed by the High Court after Magaya successfully challenged a ruling that the case be heard in a Victim Friendly Court.
In addition, Magaya faces fraud charges alongside his wife and their company, with the matter set to be heard in the High Court.
