Zimbabwe News and Internet Radio

Magaya seeks High Court intervention

By Zvikomborero Parafini

Prophetic Healing and Deliverance Ministries led by Prophet Walter Magaya which is in court for tax evasion, yesterday sought a stay of proceedings pending finalisation of a ruling by the presiding magistrate that the State’s financial statements were admissible as evidence.

PHD Ministries leader Prophet Walter Magaya (centre) flanked by lawyers Advocate Thabani Mpofu (left) and Admire Rubaya as he made his way out of the Harare Magistrates’ Courts recently. He is expected back at the same court on December 19. (Picture by Innocent Makawa)
PHD Ministries leader Prophet Walter Magaya (centre) flanked by lawyers Advocate Thabani Mpofu (left) and Admire Rubaya as he made his way out of the Harare Magistrates’ Courts recently. He is expected back at the same court on December 19. (Picture by Innocent Makawa)

Representing PHD, Admire Rubaya sought the intervention of the High Court after the regional magistrate Hosea Mujaya presided over a ‘trial within a trial’ after Rubaya objected the admissibility of financial statements which the State alleged were obtained from the church’s seized computers.

Mujaya didn’t rule in favour of PHD and had the financial statements admitted as evidence which saw him being labelled as being unfair and wayward.

The main trial which was supposed to be resumed yesterday had to be postponed after Rubaya’s application in which he argued that the determination of the court may change the circumstances of the trial for PHD if the superior court rules contrary to Mujaya’s ruling and the trial proceed without the said financial statements.

“If this court proceeds to trial, it would be prejudicial to PHD because the documents the court accepted after the trial within a trial maybe set aside after the ruling of the superior court, continuing with the trial would bring disarray to the proceedings, we should just wait for the High court to confirm or disprove the validity of court’s ruling.

“Justice rushed is justice denied and PHD is certain that the merits of the case are in our favour considering to the grounds of the appeal in which the court’s reliance on taking judicial notice was quick especially when the court said the church received a lot of money locally and abroad from its members hence it can afford t pay tax, that utterance by the State was scandalous,” said Rubaya.

Rubaya further elaborated that the regional magistrate prejudged the trial within trial hence they knew that it wasn’t going be ruled in their favour hence he was being unfair in the circumstances.

Rubaya also made reference to the ruling that was passed this week by Justice Chitapi in a review involving Mujaya as a respondent to an application by former minister Saviour Kasukuwere.

Justice Chitapi ruled that Mujaya misdirected himself and was not impartial as is required of a court by the law as alleged by Rubaya in application for review.

In the end, Mujaya ruled that he was ‘reluctantly’ granting the postponement to September 30. H-Metro