Magaya case: Goba to lodge criminal report

THE Prosecutor-General Ray Goba yesterday indicated that he will file a criminal report and disciplinary complaint with the Law Society of Zimbabwe against legal practitioner Nyikadzino Simango who is representing a complainant in the Prophet Walter Magaya’s rape case after he allegedly assisted his client to defy a lawful order of the court to appear on trial at the High Court on April 3.

BY STAFF REPORTER

Goba was responding to a letter written by Simango which was copied to Zimbabwe Anti-Corruption Commission (Zacc), police and Judicial Services threatening him with arrest for allegedly interviewing one Kudakwashe Elliot who was reported for trying to extort Magaya in the rape saga.

“I am formally lodging a criminal report and disciplinary complaint with the Law Society of Zimbabwe which regulates the conduct of all legal practitioners in the country,” Goba said.

He said Simango’s motivation was to obstruct and defeat the course of justice in the matter of the State and Magaya by scuttling the criminal trial.

The Prosecutor-General said on January 5 this year Simango wrote to him indicating that he was representing the complainant in the Magaya case. He allegedly conveyed that the complainant was not willing to testify despite initiating the matter which she reported to Zimbabwe Women’s Lawyers Association, former President Robert Mugabe and senior police officers.

“You demanded a meeting with me and the meeting was held at my office which was attended by several members of NPA. We pointed that the legal representative of the complainant are the NPA as it is a criminal matter which falls within the purview of the State and not a private matter between the complainant and Magaya,” he said.

Goba said Simango’s complaint to Zacc was driven by the fact that he failed to stop the criminal trial and he thereby drafted a last minute application and affidavit which he filed purportedly on behalf of the complainant seeking certain relief. “I submit that with respect that your modus operandi is despicable and unbecoming of a duly admitted legal practitioner. Your motivation must have been to hinder the commencement of the criminal trial and intimidate the prosecution,” he said.

Goba said he had never spoken to the complainant and Kudakwashe Elliot in his lifetime. He said concerning the malicious allegations contained in the affidavit, Simango substituted the complainant with himself.

25 Comments

  1. It is a shame to have Ray Goba as prosecutor General as he seems to be ignorant of the law.

  2. For Gods sake Kangira, Goba is an advocate and above all the Prosecutor General he can hardly be accused of ignorance as you put it unless he got His LLB in the manner Grace Mugabe Got her PhD. Meanwhile just seat back and enjoy the fireworks. The revelations will be clearer as the matter progresses.

  3. I support the PG in this case he wants to defend himself at first why put charges on the PG for wanting to have the ‘false accuser’ prosecutated, what if he wants to set an example send a message to women who falsely accuse men for rape & to women who waste the courts time? this case leaves a lot in ones mind why would this accuser report & later withdraw? And why would the accused defend her & not want her prosecutated if indeed it’s a false accusation she leveled against him? Why would the accuser again refuse to be prosecutated, why can’t she prove her ‘innocence’ in court, theses criminal lawyers come rain come thunder they will always try find a way out. On some cases reasoning is needed even if you’re his follower let’s not rush to defend one let the trail just proceed a lot of questions are left in ones mind on this case, when it even started Goba wasn’t the PG but Tomana was.

    1. you have summarised it mark a lot of guys have been falsely accused or some with mula have tried to buy their freedom through use of the dollar power and this has to be stopped.

    2. This is nothing but the truth Mark!!!!

  4. That whore caused the law to act and now that she received filthy lucre she is prevaricating, the whole scheme is stinking and that prophet is stinking twice as much. The whore has a touch of rust, She leaves Magaya in trouble after sharing his bed, she walks over the police station and make them run round in circles, she lives the law looking like a harmless tarantula, her lawyers are now in trouble and whats worse a fellow congregants are screaming “touch not the anointed” which lives me wondering how you cruised the whole night sleeping with an untouchable.

  5. I am really surprised by the PG pursuing a case which has no complainant. If there was anyone to charge, it should be the girl for wasting state resources but because she withdrew her case, you can’t charge PWM.

    1. well said mungandidini. if Magaya had an out of court settlement with the lady and then she withdraws the case saka hapana nyaya. asi PG havana chekuita here?????? problem with haters is they are obsessed with bringing their targets down. i even smell the hand of the new government in this persecution.

    2. the complainant is not the lady but the state. this woman is just a witness. infact magaya should be happy to go to a trial without a first witness.that is if he didnt have a hand in the withdrwal of the matter

  6. well said mungandidini. if Magaya had an out of court settlement with the lady and then she withdraws the case saka hapana nyaya. asi PG havana chekuita here?????? problem with haters is they are obsessed with bringing their targets down. i even smell the hand of the new government in this persecution.

  7. if Goba is not careful he is going to cost the taxpayer big time in his pursuit of a personal and selfish if not political agenda. this might cost him his job in the process

  8. if Goba is not careful he is going to cost the taxpayer big time in his pursuit of a personal and selfish if not political agenda. this might cost him his job in the process

  9. As I see it, there is something wrong in the head of our PG or rather he has no head in the first place. He sounds un-hinged. Its very dangerous to have a mad man for a PG.

  10. This Petronellah Mandaza character need instant discipline as what is coming out now that an accused can easily wriggle out of a case using the power of the $ and this has to come to a STOP, and i thank the AG cum PG for trying to uphold the intergrity of the justice system from women of loose morals who may decide to abuse the system and once there get what there want there reverse the whole scene in typical soap opera fashion and we say NO NO to these type of people for now and forever.

  11. I think on the face of it the PG is correct,this guy is interfering with the state’s witnesses.How does he want to represent the complainant and what will be the purpose of the PG then?.

  12. Those who are supporting the complainant lady’s actions are probably Magaya’s sympathisers. Why can’t you just allow the case to be confirmed. Do you want congregants to continue worshipping in the dark, without knowing the truth. Even if he did not rape, but did it with consent, don’t you want him to be exposed as a so cold man of the cloth?

  13. leave this to the technocrats, the PG knows what he is doing. Let us just listen

  14. its trickcy , seems money played a big role here,obvious the defence being as well paid will fight to the bitter end, but the raped woman also has something to hide,what made her withdraw the charges?

  15. Zvakozvenyuhazvirehwimayivepi Mazivazvangumhakayakora

    Comment…Ko mai ava vakamhanyireyi kumapurisa? Ngatisatambisira mapurisa
    neMatare emhosva nguva. Ko tinodireyi kuita zvemahumbwe nepasingaitirwe mahumbwe. Nyaya dzakadayi dzongovharwa nguke urikuvha ngano here?

  16. There he goes again this mad PG. Goba never cease to amaze me. Gomba rauri kuchera Goba ndimo mauchakwana imomo. Mark my words.

  17. The court should proceed. Out of court settlement when a crime has already been reported should not stop the proceedings, if a crime was committed it is in the best interest of the courts to get to the bottom of the issue. Rapists if proved should not be allowed to be roaming the streets, false accusations should not be tolerated either.

  18. Rita Marque Mbatha

    The matter should go to trial and the accuser should come back to Zimbabwe and testify why she reported false allegations (if these allegations are false). With reference to the PG, it is my personal opinion that anyone who poses a threat to the status quo is at the receiving end of dirty tricks campaign, in a normal scenario the state and the accused should be working in sync to force the accuser to attend court and for the accused to demand that the complaint returns in order for his name to be cleared considering that allegations for rape are splashed all over the internet and hence tainting his name. What is happening in the instant matter is not the norm anyone who thinks otherwise is grossly naïve.

  19. The case speaks for itself.The complainant must testify, she is afraid of being declared a hostile witness by the prosecutor and thereafter she will be cross examined making impossible to conceal the evidence.

  20. The case speaks for itself.The complainant must testify, she is afraid of being declared a hostile witness by the prosecutor and thereafter she will be cross examined making impossible to conceal the evidence.

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