Magaya to approach Constitutional Court after magistrate orders closed rape trial
Prophetic Healing and Deliverance founder Walter Magaya is preparing to approach the Constitutional Court after a Harare Magistrate dismissed his request for his rape trial to be heard in open court, ruling instead that parts of the proceedings will be conducted in camera. The decision was handed down by Magistrate Esthere Chivasa, who agreed with […] The post Magaya to approach Constitutional Court after magistrate orders closed rape trial appeared first on NewZimbabwe.com.
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Prophetic Healing and Deliverance founder Walter Magaya is preparing to approach the Constitutional Court after a Harare Magistrate dismissed his request for his rape trial to be heard in open court, ruling instead that parts of the proceedings will be conducted in camera.
The decision was handed down by Magistrate Esthere Chivasa, who agreed with State submissions that certain witnesses needed the protection of the Victim Friendly Court because of their emotional condition.
Prosecutor Clemence Chimbari told the court that witnesses have “gone through a lot, mentally, emotionally and therefore it will not be in the interests of justice and good mental health of the witness to testify in an open court”.
He said some witnesses had “expressed reservations to be in direct contact with the accused,” adding that the State was acting only to ensure “proper administration of justice.”
Chimbari said six witnesses would testify, with only those assessed as vulnerable moving into the VFC.
Magaya’s lawyer, Admire Rubaya, opposed the application, arguing the State had relied on emotion rather than evidence.
Rubaya said no proof had been presented to justify classifying the witnesses as vulnerable.
He said all complainants were adults and warned against secrecy.
However, in her ruling, Magistrate Chivasa said the law did not require medical proof to deem a witness vulnerable.
“Court believes a vulnerable witness is the one who needs protection. There is no need for clear evidence of emotional stress. There is no need for stress to be proved. There is no need for a medical affidavit for that,” she said. She added, “Age is not a factor. It does not need one to be a child, even an adult can be a vulnerable witness. It can be very traumatic to face an accused person. From what the State has presented so far, it shows the witness is indeed vulnerable. In rape matters all witnesses are vulnerable.”
Chivasa accepted the State’s position that the witnesses had been interviewed and required protection. She ruled, “I will therefore allow the State to lead witnesses in the Victim Friendly Court.”
Immediately after the ruling, Rubaya notified the court that the defence would seek referral to the Constitutional Court. “There are constitutional matters we have picked from the court’s ruling. We apply for the opportunity to be able to mount that application,” he said, insisting that “rushed justice is as good as no justice at all.”
Chimbari objected to any further delay, saying, “It will be a great inconvenience if witnesses go back without testifying. A lot of time has already been lost this morning.”
The magistrate, however, allowed the defence time to prepare a written application, which must be filed by Tuesday morning.
The cleric is yet to plead.
Magaya faces four rape charges involving adult congregants from Harare and Chegutu, with allegations dating between 2016 and 2023.
He has extra rape charges and is expected back in court on March 2 for these allegations.
The post Magaya to approach Constitutional Court after magistrate orders closed rape trial appeared first on NewZimbabwe.com.
