Magaya seeks ConCourt referral

PROPHETIC Healing and Deliverance (PHD) leader Walter Magaya is now seeking a referral to the Constitutional Court after Harare magistrate Esthere Chivasa ruled that his rape trial should be heard in camera.

Magaya’s trial, where he allegedly raped four congregants, was supposed to commence yesterday.

However, the State applied that the matter should be heard in camera to protect witnesses who are vulnerable and emotionally stressed.

“The witnesses have gone through quite a lot mentally, emotionally and, therefore, it will not be in the interests of justice and good mental health of witnesses to testify in an open court.

“Some of the witnesses have expressed reservation to be in direct contact with the accused, so for the sake of justice and proper administration of justice, it is the State’s position that the court grants these witnesses the protection they require,” the prosecution told the court.

Magaya, through his lawyer Admire Rubaya, argued that the accused had no complaints if his matter was heard in an open court and he is ready to face the complainants in a professional and legal manner.

“They have said a lot has happened. What is a lot? We are not prophets. The state ought to place cogent evidence that confirms that these witnesses are vulnerable witnesses affected mentally and emotionally.

“Even the accused wants to face the people who are accusing him of rape. Are we going to measure the demeanour of those witnesses if there is an intermediate?

“No one is below the age of 18. It is very critical for this court to accept that it is very easy to raise allegations of rape against an individual, but very difficult to sustain them…in circumstances of this nature,” said Rubaya.

“It is our submission that from the day this accused person was arrested, the State has been dealing with this case in an open court. They have been churning statements on social media, articulating details on how the accused committed this offence. The accused was vilified on social media, putting details there. Now they are somersaulting,” Rubaya told the court.

Chivasa, however, ruled in favour of the State, arguing that generally rape victims need to be protected despite their ages.

“Even a grandfather or grandmother can be vulnerable in a rape trial. The aim is to rescue trauma; forcing a witness to face the accused will instil fear.

“There is a need to protect such witnesses. It’s not secrecy; it’s not true that it’s secrecy. We need to protect vulnerable witnesses. In rape matters, all witnesses are vulnerable; we cannot force them to testify in an open court.

“Witnesses in my view deserve the protection, I will allow the state to lead evidence in the victim-friendly court,” Chivasa ruled.

Rubaya immediately notified the court of their intention to file an application for referral to the Constitutional Court. The application is set to be heard today.