SMALL BLACK-AND-WHITE TV AT THE HEART OF MAGAYA’S FRIENDLY COURT CONCERNS
PROPHET Walter Magaya’s reservations about his rape trial being held in the Victim Friendly Court includes a small black-and-white television in that court.
Magaya said he is now scared of standing trial in camera after viewing the state of infrastructure, including a black-and-white television, in the court.
He is facing multiple rape charges.
He said this while he was being led on the witness stand by his lawyers, in support of his application for referral to the Constitutional Court.
The PHD leader told the court he fears the trial will be unfair if it proceeds in camera, “given the state of the equipment” in the VFC.
He was given the opportunity to view the court by the presiding magistrate Estere Chivasa.
“From what I saw right now in the VFC, the magistrate won’t have a clear view of the TV and won’t see the demeanour of the witnesses.
“The television is small and is black-and-white. I’m now more scared than I was before. That place won’t give me a fair trial at all.
“When I was in remand prison, I had the opportunity to experience the virtual court and the sound was inaudible, the picture wasn’t clear and if that is to happen during my trial, I’d be doomed.”
He added:
“Investigations leading to my arrest, and everything else about this case, was in the public domain only for me to receive a mysterious call for private prosecution.
“My term private means the terms of prosecution, the size of the room, television and the conditions may not allow us to see the truth of the matter.
“A live court is way different from a television, for example, an experience of watching a football match live is different from watching it on TV.
“The court ought to have interviewed the witnesses to establish if they were, indeed, vulnerable before ordering that the trial be heard in the Victim Friendly Court, which from the props I saw, is meant for infants and kids,” Magaya said.
Meanwhile, there was a legal standoff between the presiding magistrate and the lawyers representing Magaya in the interpretation of Constitutional Court rules.
The State, led by Clemence Chimbari, said they will only file their heads of arguments without leading a witness, which the defence argued was unlawful.
Magaya’s lawyer Admire Rubaya argued that the Constitutional Court rules require the court to hear evidence from both parties.
Regional Magistrate Chivasa concurred with the State and said the Constitutional Court rules only apply to the Apex court and not the lower courts.
This was met with fierce opposition from the defence.
The matter was remanded to March 2 for oral arguments.
One of the complainants, a 24-year-old Harare woman and a member of PHD Ministries, alleges that she was offered a voluntary position in the church’s call centre in June 2020 and subsequently moved to a hotel affiliated with the ministry.
On July 26, 2020, she was allegedly invited by Magaya to attend a Bible study session at a suite in the hotel.
Upon arrival, she allegedly found Magaya watching a movie with a hotel staff member.
After the staff member left and locked her inside the room with Magaya, the prophet is accused of dragging her into the bedroom, forcibly undressing her, and raping her.
The complainant confided in her stepfather the following day and reported the incident to the police after learning of Magaya’s arrest on similar charges.
