HARARE, Mar. 11 (NewsDay Live) – Walter Magaya, founder of Prophetic Healing and Deliverance Ministries, has filed another application seeking referral of his rape case to the Constitutional Court of Zimbabwe, arguing that one of the complaints was withdrawn years before he was charged.
Magaya, who faces six rape counts involving three complainants, told the court that the prosecution was violating his constitutional right to a fair trial by pursuing a case he says had already been withdrawn between 2013 and 2018.
The application was filed before Harare regional magistrate Francis Mapfumo through his lawyers Admire Rubaya and Everson Chatambudza.
In his affidavit, Magaya said the prosecution was irregular and prejudicial.
“I stand charged with six counts of rape relating to three complainants,” he said, adding that the alleged incidents occurred between 2013 and 2018.
He argued that the case should not proceed because some complainants had withdrawn their allegations.
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“The affidavit confirms that the complainant no longer wishes to testify and has communicated this position to the Prosecutor-General,” Magaya said.
He added that proceeding with the trial despite the alleged withdrawal amounted to an abuse of the justice system.
Magaya also alleged prosecutorial misconduct, claiming that a National Prosecuting Authority official admitted in court that a complainant’s statement had been amended.
He further claimed he was served with a later witness statement months after his arrest while the original statement that led to his arrest was never disclosed.
Magaya also raised concerns over DNA evidence, alleging that samples were taken from him at Parirenyatwa Hospital without his lawyers present and that the results had not been disclosed.
“The State’s failure to disclose these results suggests they may not support its case,” he said.
He argued that the cumulative effect of the alleged actions violated his constitutional rights to liberty, equality before the law and a fair trial.
The National Prosecuting Authority of Zimbabwe is opposing the application.
Chief public prosecutor Foelane Muronda said a withdrawal letter from one complainant had not yet reached the trial prosecutor because it had been addressed to the Prosecutor-General and was still undergoing administrative processing.
The State also told the court that DNA results were still outstanding due to technical delays.
Magistrate Mapfumo postponed the matter to March 12 for a ruling on the application.