HARARE, Feb. 16 (NewsDay Live) – Walter Magaya’s rape trial opened Friday with the defence challenging a State application to move proceedings to the Victim Friendly Unit (VFU).
Prosecutor Clemence Chimbari said the complainant and some of the six State witnesses were vulnerable and should not testify in open court. “They have gone through a lot mentally and emotionally. It will not be in the interests of justice for them to testify in open court,” he said.
Defence lawyer Admire Rubaya opposed the move, saying the State had offered no medical or factual basis for claims of trauma. He argued the court should privately assess the witnesses before restricting open proceedings, stressing all complainants are adults.
“A fair trial starts now. This matter cannot be dealt with in secrecy,” Rubaya said.
Magistrate Esthery Chivasa granted the application, ruling that vulnerability is not age-dependent and does not require medical proof. “It can be traumatic to face an accused person. There is need to protect such a witness,” she said.
Rubaya immediately signalled plans to seek referral to the Constitutional Court, arguing Magaya’s rights were being infringed, and requested time to file a written application.
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Chimbari opposed delays, citing the continuous trial roll and availability of witnesses.
The court allowed the defence to file its application tomorrow morning.