Blessing Masakadza

PROPHETIC Healing and Deliverance leader Walter Magaya has written to the Prosecutor General seeking the removal of one of the prosecutors on his trial for rape, claiming she has a personal agenda to destroy him as she is a member of a rival church United Family International Church (UFIC).

In a letter to the Prosecutor General Loyce Matanda-Moyo dated February 17, Magaya through his lawyer Admire Rubaya, Magaya said he has it on good authority that the Chief Director Tendai Shonhayi is a member of UFIC and wants her off his case alleging bias.

He said her belonging to a rival church will affect her professional judgment in the handling of the matter in pursuit of selfish interests which will render the trial unfair as she is determined to “destroy him and his church.”

“Ms Shonhayi is on a mission of her own to try and persecute him on the basis that she wants to destroy our client’s church for the benefit of UFIC which is a competing rival church,” the letter reads.

In the letter, the lawyers pointed to a number of proceedings which they say shows partiality from Monday’s proceedings which saw the matter being pushed to the Victim Friendly Unit.

They have also highlighted bail proceedings at the High Court which she allegedly sought the recusal of the judge.

It is the argument that she wants to employ guerrilla tactics against Magaya, alleging that she is the one who has prepared the charge sheet and at one point tried serving Magaya the papers without names of the alleged victims.

“Our client is aware that Ms Tendayi Shonhay is the one who unilaterally made the decision to move his trial from court 15 which is an open court to the Victim
Friendly Court even before the presiding trial magistrate had determined if the matter was to be heard in the Victim-Friendly Court using intermediaries for the alleged victims.

“Our client is aware that Ms Shonhayi has requested the bail record with indications that she intends to appeal against the granting of bail by the High Court of Zimbabwe. She had previously raised flimsy reasons for the recusal of Justice Mandaza, who was originally seized with the bail matter,” the lawyers wrote.

Further, the lawyers requested the Prosecutor General to remove Shonhayi from the matter for fairness to prevail.

“It is the client’s contention that Ms Shonhayi is not impartial in this matter as required by the law for a Prosecutor. She clearly has a personal agenda emanating from her personal hatred against both the Accused person and his church.
“It is our client’s considered view that Ms Shonhayi is conflicted and should be recused from the matter,” the letter reads.