Judgment Day for Magaya
The State is today expected to decide whether or not to accept withdrawal of rape charges against Prophetic Healing and Deliverance Ministries leader Prophet Walter Magaya after the complainant submitted affidavits seeking to drop the charges.
The complainant last week officially filed papers that included two affidavits and a letter with the Prosecutor-General’s Office and the Zimbabwe Republic Police dropping the charges.
She also communicated her decision to Prophet Magaya’s lawyers Rubaya and Chatambudza Legal Practitioners.
In a letter accompanying the withdrawal affidavit addressed to the Acting PG, the woman indicated that no one had forced her to withdraw the charges.
She vowed never in her entire life to pursue the case again. However, it is now up to the State that is dominus litus in the matter to proceed with the case or set Magaya free.
Magaya will be back in court today before Mr Vakayi Chikwekwe for his routine remand.
Of late Magaya has been fighting for a trial date with the State further postponing the case on the basis that it was not ready to proceed to trial.
The woman had initially not followed the correct procedure in withdrawing the charges after she reportedly pushed the papers into Mr Chikwekwe’s office under the door.
Mr Chikwekwe dismissed the purported withdrawal of the charges, citing failure to follow court procedure. Prosecuting, Mr Sebastian Mutizirwa professed ignorance on the origins of the affidavit then.
The woman later followed procedure and served all the parties the relevant papers.
“I make reference to the rape case which is pending before the courts against Prophet Walter Magaya. I have since filed a withdrawal affidavit, which I am aware might have been misconstrued.
“I have since prepared a clearcut withdrawal affidavit,” said the woman. “I have freely and voluntarily withdrawn this criminal complaint against Walter Magaya. I have not been unduly influenced at all and this decision is mine and mine alone,” read the letter.
She urged the relevant authorities to respect her decision.
“I want to correct any misguided misconception or misguided inferences that the referred threats are the prime cause of the withdrawal.
“Far from it, this withdrawal is motivated by my own free will and volition without any undue influence having been brought to bear,” she said. Magaya is represented by Messrs Everson Chatambudza, Admire Rubaya and Oliver Marwa. The Herald
