Magaya lawyers unimpressed
29 September 2016
. . . rape matter deferred to October 21
LAWYERS representing Prophetic Healing and Deliverance Ministries leader Prophet Walter Magaya expressed displeasure in the manner in which the State is handling the case where he is accused of raping a congregant.
Magaya’s defense lawyers, Admire Rubaya and Everson Chatambudza, told Harare magistrate Bianca Makwande that it was disheartening that the State was failing to furnish their client with a trial date despite having promised them on two separate occasions.
This was after the State, led by Audrey Chogumaira, made an application to have the matter further deferred to next month saying there was still an outstanding witness’ statement that needed to be recorded.
“We seek a postponement of this matter to October 21. The docket has been referred back to the station as there is a witness’ statement that needs to be recorded and we intend to furnish the accused with a trial date on the next remand date,” said prosecutor Chogumaira.
Although they did not oppose to the postponement of the matter, lawyer Rubaya and Chatambudza were not impressed:
“That is not true. We resemble displeasure in the manner in which the State is handling the matter.
“The matter should have come on a full docket and we were surprised to see it on a Form 424.
“We did not challenge that as the State indicated that they were going to furnish us with a trial date.
“The State indicated the last time that they needed the last chance to furnish us with a trial date and the last time the State indicated that investigations were complete.
“They never indicated that there was an outstanding witness’ statement and this information is only given today.
“On October 21 should the State fail to furnish us with a trial date we will be left with no option but an application for refusal of remand,” said lawyer Chatambudza.
Lawyer Rubaya added:
“It is very disheartening that we found ourselves back here in court and not at the regional court there.
“This is purely a simple matter of alleged rape. It does not need a rocket scientist to record the docket and even a young recruit can complete the docket.
“It is important to tell the State that it cannot have its cake and eat it at the same time.
“On Form 424 the State gave indication of period they needed in order to complete investigations.
“The date that was given was September 15 and that information was unsolicited.
“It is our humble submission that the State further relaxes bail condition.
“The State should at least scratch our back by reducing the reporting conditions to say one a month or once after every two weeks.
“It is very disheartening and the State should put its house in order”.
Magistrate Makwande asked the State when it became aware that there was an outstanding witness’ statement and prosecutor Sebastian Mutizirwa said:
“We notified the court on the last remand date the docket went to the Prosecutor General’s office for perusal.
“We were anticipating a trial date but new issues were raised and they needed to be clarified with the complainant by the investigating officer.
“There is a witness mentioned and no statement was recorded that is why the docket was referred back to the investigating officer.”
Magistrate Makwande ordered the State to make sure that they furnish Prophet Magaya with a trial date on his next remand date.
The court also said that it will make a consideration on relaxation of bail conditions on October 21 when he returns to court.