Blessing Masakadza

PROPHETIC Healing and Deliverance leader Walter Magaya is now a free man after the High Court granted him US$3 000 bail saying there were no compelling reasons to deny him freedom.

Magaya is facing four counts of rape and will stand trial on February 16.

High Court Judge Justice Vivian Ndlovu said the Prosecution relied on the same grounds of opposition which failed to stand in the initial bail application which was granted by Justice Gibson Mandaza.

Magaya was ordered to surrender his passport, title deed and to report to the police twice a week until the matter is finalised.

Represented by Admire Rubaya, Everson Chatambudza, Sylvester Hashiti and Tavonga Makamure Magaya argued that he was a proper candidate for bail adding that he has not violated his bail conditions.

The State represented by Clemence Chimbari, Tendai Shonhai, Kudzai Chigwedere and Fortunate Muronda had opposed his admission to bail arguing that he will interfere with witnesses. They argued that his aide was arrested interfering with witnesses.

The lawyers argued that there were no reasons to deny him bail adding that the State had not shown any evidence that there was interference by Magaya.

They also argued that the State had finalised their investigations with the matters set for trial hence there will not be any interference.

Magaya’s lawyers further argued that instead of re-arresting Magaya on fresh charges the State could have add the counts and make it one case.

They also argued that his aide, Felix Tapiwa Chikondo who was arrested for alleged interference had been granted bail by the same court.

Justice Ndlovu in her ruling said Magaya was a proper candidate for bail saying investigations had been completed with a trial date already in place.

The court also said the State had relied on same reasons which they used in the first bail application before Justice Mandaza, reasons which also failed to stand.

The Judge said Magaya did not resist arrest and is still presumed innocent.

“I have not found any compelling reasons to deny the applicant bail. I’m of the view that his release on bail will not prejudice the interest of justice. The imposition of reasonable conditions will guarantee the Applicant returns to court to stand trial,” the Judge said.

The court also said the State had conceded that they will not prove allegations of interference beyond reasonable doubt against Magaya as it was it was done by a third party.