Prophetic Healing and Deliverance (PHD) Ministries leader Walter Magaya, yesterday said the State’s continued failure to provide him with a trial date was disheartening and causing him anxiety.The prosecutor Mr Sebastian Mutizirwa sought another postponement, citing that although investigations were complete, Magaya’s docket was still at the Prosecutor General’s office.
“We indicated last time that the docket was to be sent back to the police for further management,” said Mr Mutizirwa. “Investigations are complete and yesterday (Thursday), the docket was sent to the Prosecutor General’s office for perusal.”
In response, Magaya’s lawyer Mr Admire Rubaya said State’s approach to the matter was so disheartening. “Accused is tempted not to trust the State. They made a promise that investigations would be complete by October 15,” said Mr Rubaya.
“They made another promise that investigations would be complete at least today (yesterday). Further remands create anxiety to an accused person, more so when one is facing rape.”
Mr Rubaya added that the medical examination State was dealing with was not of a “dinosaur” to warrant such a long time. “There are only two witnesses who are critical and probably the medical examination,” he said.
“Magistrate Ms Bianca Makwande, told the State to put its house in order or accused will be removed from remand. “I will not trust the chameleon nature of the State of constantly changing colours and taking the court for granted.
“Why is State punishing accused person? He is paying legal bills with a guarantee that on the next remand date he will be provided with a trial date.
“Allow accused his freedom, his social standing requires his time, presence and conscience. Give State all the time in the world. Court should balance the interest of justice and the interest of the accused.”
In his ruling Harare magistrate Mr Vakayi Chikwekwe, said it was worrisome whether State investigates to arrest or arrests to investigate.
“The State should give cogent reasons in such applications and not mislead the court.
“They ought to honour their undertaking to give a trial date on November 15.
“However, since State has conceded that the accused person has been religiously coming to court, I see no reason why accused person should not be given his passport and have reporting conditions scrapped.”
The matter was remanded to November 15. Magaya was represented by Messrs Rubaya, Everson Chatambudza and Oliver Marwa. He is accused of raping a 25-year-old congregant. herald