Blessing Masakadza

The case of Prophetic Healing and Deliverance (PHD) leader Walter Magaya who is facing rape charges has taken a new twist, with the clergyman’s lawyers seeking to have the matter referred to the Constitutional Court.

This comes after the presiding magistrate granted an application by the State to have the matter heard in camera and not in an open court.

Magaya is on Tuesday expected to testify in support of the application for referral, showing how the court’s findings violated his rights.

Represented by Admire Rubaya and Everson Chatambudza, Magaya opposed the application arguing that having the matter in camera would violate the principle of fairness in a trial.

The lawyers argued that Magaya was arrested in the open and arraigned before an open court hence trial should be heard in the open.

They also argued that having the matter would leave the public speculating.
Prosecutors said they wanted to protect the alleged victims saying the matter was having a toll on their emotional and mental well-being.

They also submitted that the witnesses had expressed reservations in facing Magaya in court.

“We move to have the matter heard in the Victim Friendly Court and in camera. The complainants are vulnerable witnesses and a lot has been happening.

They have been going through a lot, mentally, emotionally, and it will not be in the interest of justice and for their mental health if the witnesses testify in an open court,” Prosecutor Clemence Chimbari told the court.

Magaya’s lawyers said the alleged victims were all adults adding that Magaya was also eager to face his accusers.

“There is no evidence, that these witnesses are vulnerable or that they were affected emotionally. The prosecutors are not pyschologists to determing the mental wellbeing of witnesses. They only speak of reservations but without revealing them. The accused also want to face the people who are alleging he raped them. Witnesses alleged to be vulnerable are not babies, they are in their 20s,” Rubaya submitted.

Magistrate Esthere Chivasa ruled in favour of the State saying a reading of the allegations indicate that the witnesses are vulnerable and should be protected.