Lawyers representing Prophetic Healing and Deliverance leader Walter Magaya say the State is practicing “drip justice” by arresting him in “bits and pieces” as the clergyman was taken by the police soon after his appearance in court.
Magaya is facing five counts of rape involving two women and trial was set for this morning but failed to start.
He demanded his freedom after the State said they had failed to secure the presence of the complainants he allegedly raped amid reports that one of the women had withdrawn her case against him.
His lawyers Admire Rubaya and Everson Chatambudza accused the State of “installment justice” and harassment.
Prosecutors said they had failed to secure the presence of one of the complainants based in Ireland citing communication breakdown.
“He is here for nothing because the reason he is on remand has collapsed. There is no witness from Ireland or her statement as the State says it has been amended. There is no indication if she was ever in this country.
“We also got information that the second complainant withdrew her case against him. Her lawyers wrote to the Prosecutor General on November 5, 2025, indicating their intention to withdraw.
“They want to arrest him and bring him on fresh charges just to keep him on remand. This is installment justice. The State is not seeking any justice but want to harass the accused person just to be seen to be doing something,” Rubaya submitted.
Prosecutor Tendai Shonhayi told the court that their witnesses were not present but was silent on the second complainant.
She told the court that there was communication breakdown between them and the witnesses in Ireland and sought to have the matter postponed to March 3.
“There was communication breakdown between the State and our witnesses. We were of the belief that our witnesses would cater for their airfares from Ireland. The witnesses on the other hand were also of the belief that the State was going to cater for their travel. This was made known to us last week hence there was no time to organise for their travel.
“We have also not served the defence with State papers to prepare for the trial because we amended the witness statement and we are waiting for her to sign it,” the prosecution said.
Regional magistrate Francis Mapfumo will rule on the matter on Tuesday.
