Zimbabwe: New Twist to Magaya Rape Case As Another Witness Withdraws

Another accuser in the high profile rape case against Prophetic Healing and Deliverance leader Prophet Walter Magaya has written to the prosecution indicating her intention to withdraw.

The withdrawal affidavit and letter were served on prosecutors on Monday when the cleric appeared for the start of the trial.

Magaya through his lawyer Admire Rubaya was also served with the withdrawal affidavit by lawyers representing the woman.

Monday’s proceedings were held in camera as the State sought to protect the identities of their witnesses.

Reports are that prosecutors said they would proceed with the matter despite the withdrawal which prompted Magaya to challenge the decision.

His lawyer said they would approach the High Court for a review of that position.

The trial has been set for October 26.

This is the third witness to write to the prosecutors for withdrawal of their complaints.

The State and the defence once clashed over proceeding when a witness had withdrawn with lawyers alleging that the State was crying more than the bereaved.

“a complaint of rape originates from a complainant, while a charge originates from the State. Yet a charge cannot exist in a vacuum–it is founded upon the complaint. Without the complaint, the charge collapses. While the State enjoys the prerogative to prosecute, it cannot lawfully proceed when it has lost both the complaint and its sole witness. To do so is not an exercise of lawful authority but a hollow performance masquerading in the name of the law,” Rubaya argued then.

“The upshot of all this is that the state wants to abuse the process at Magaya’s expense and wishes to do so for reasons that have nothing to do with the law. It is submitted with respect that this process has become unconstitutional.”

In a matter in which Magaya is jointly charged with his wife on fraud, the two were remanded to November 26 pending indictment to the High Court.

The other record of rape is currently in the superior court pending a review application.

By 263Chat.