A Harare magistrate has dismissed an application by Prophetic Healing and Deliverance (PHD) Ministries founder and leader Walter Magaya to have his rape case referred to the Constitutional Court.
Magaya, who denies the allegations against him, had argued that the National Prosecuting Authority (NPA) was infringing his right to a fair trial by continuing with charges linked to complainants whom he claimed had withdrawn their complaints between 2013 and 2018.
However, Harare magistrate Francis Mapfumo ruled that the application did not raise any constitutional issues requiring the intervention of the Constitutional Court and dismissed the request.
The application arose during proceedings in which Magaya challenged amendments made to the charge outline and witness statements. Through his lawyer, Admire Rubaya, he argued that investigators had improperly altered evidence.
During cross-examination, the investigating officer acknowledged making changes to one complainant’s affidavit but told the court that the amendments were intended to clarify information obtained during the investigation.
Magaya maintained that his constitutional rights had been violated and argued that the State should not proceed with the prosecution where some complainants had allegedly withdrawn their complaints.
The court also heard evidence relating to the collection of DNA samples from Magaya. The investigating officer said police obtained a warrant authorising his removal from prison for the procedure.
The defence, however, is challenging the process, alleging that Magaya was taken for sampling without his legal representatives being present.
Magaya is accused of raping women from among his congregants, allegations he has consistently denied.
He is also facing a separate rape case before Magistrate Esthere Chivasa. Proceedings in that matter were stayed after the High Court upheld his challenge against a ruling that the case be heard in a Victim Friendly Court.
More: NewsDay
