HARARE – The rape trial of Prophetic Healing and Deliverance (PHD) Ministries founder Walter Magaya suffered a false start on Monday after his lawyers moved to challenge a court ruling allowing key witnesses to testify via video link.
Magaya’s defence team is seeking leave to approach the Constitutional Court, arguing that limiting open testimony would undermine his right to a fair trial.
The dispute centres on whether some witnesses should give evidence through alternative arrangements, including video link or in the Victim Friendly Court (VFC), rather than testifying directly in open court.
Magaya’s lawyer Admire Rubaya argued that open testimony is essential because the court must observe the demeanour of witnesses when assessing their credibility.
Initially, proceedings were directed to the VFC, triggering objections from the defence, which argued that holding the trial in such a setting created the impression that the case had been predetermined against the preacher.
Prosecutor Clemence Chimbari countered that the matter was already before an open court and that the VFC had not yet been activated. He said there was no legal requirement dictating where such applications should be made and insisted the accused would not suffer prejudice.
Presiding magistrate Esthere Chivasa upheld the defence objection and directed that the matter proceed in open court.
However, the National Prosecuting Authority (NPA) subsequently applied for certain witnesses to testify via video link, citing psychological and emotional concerns.
“The witnesses have gone through quite a lot, mentally and emotionally, and therefore it will not be in the interests of justice and good mental health of the witness to testify in an open court,” Chimbari submitted, adding that several witnesses had expressed reservations about direct contact with Magaya.
He said six witnesses were expected to testify, with only those deemed vulnerable to use alternative arrangements.
Magaya’s lawyers strongly opposed the application.
“The prosecutor is not a doctor and is not qualified to tell the court that the witness has emotional stress,” Rubaya said, arguing the prosecution had presented no supporting evidence beyond verbal claims.
He also questioned the basis of the alleged fear, telling the court that both the accused and the complainants had a right to face each other.
“The court needs to know the reasons. What if the witnesses say they want to face the person who raped us? Even the accused wants to face the people who are accusing him of rape,” Rubaya said.
The magistrate granted the prosecution’s application, prompting the defence to seek a Constitutional Court referral.
The NPA accused the defence of attempting to delay proceedings.
“It will be a great inconvenience if witnesses go back without testifying. A lot of time has already been lost this morning,” Chimbari said.
Rubaya responded that “rushed justice is as good as no justice at all.”
Magistrate Chivasa granted the defence until Tuesday morning to file its application for a referral of the matter to the Constitutional Court. The magistrate will then give a ruling on that application.
Magaya faces four rape charges involving adult congregants from Harare and Chegutu, relating to allegations made between 2016 and 2023. He is also due back in court on March 2 on separate rape allegations involving two other women.
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