Magaya rape trial fails to take off as lawyers and prosecutors haggle over ‘open court’

HARARE – The trial of PHD Ministries leader Prophet Walter Magaya, who is facing four charges of rape among others, failed to kick off on Monday as prosecutors and defence lawyers argued over whether to have an open trial or have witnesses testify via video.

Magaya’s lawyers reportedly want an open trial while State prosecutor Mr Clemence Chimbari wants witnesses to tesify via video in a Victim Friendly Court.

He contended that the complainants are emotionally and psychologically vulnerable and that, to safeguard their well-being, the proceedings should be held in camera.

Its reported the Magistrate agreed with the position of the National Prosecution Authority (NPA) forcing Magaya and his legal team led by lawyer, Mr Admire Rubaya, to refer the matter to the Constitutional Court.

Rubaya maintains that the State must present concrete evidence to substantiate its claims that the complainants are psychologically and emotionally affected.

Meanwhile the State is also applying for the matter to be transferred to another court.

Led by Ms Tendai Shonhayi, the prosecution has sought the transfer on the basis that the presiding magistrate, Mr Francis Mapfumo, is also scheduled to preside over a separate rape trial involving Magaya on March 2.

The case concerns allegations by four complainants, each of whom accuses Prophet Magaya of raping them at his Yadah Hotel.