News / National
Complainant withdraws rape allegations against Prophet Magaya
15 Nov 2016 at 22:47hrs | Views
The complainant who lodged rape allegations against Prophetic Healing and Deliverance (PHD) Ministries church leader Prophet Walter Magaya has allegedly withdrawn the case from the police.
The latest development emerged during the routine remand hearing for the accused which took place this Tuesday morning.
In a new twist to the much publicised rape matter for Prophet Magaya the complainant allegedly tendered a withdrawal affidavit to the police notifying them that she no longer is interested in pursuing the matter.
The complainant whose name cannot be disclosed due to ethical considerations allegedly wrote and deposed the withdrawal affidavit against the cleric on the eight of November wherein she indicated she freely and voluntarily withdrew charges against the accused person.
One of the investigating officers in the matter Mutumwa Zvidzayi confirmed this development whilst under cross examination by Everson Chatambudza one of Magaya's legal representatives saying the complainant had approached their offices with a view to withdraw the case and they had forwarded the docket to the Prosecutor General's office for final instructions.
However state prosecutor Sebastian Mutizirwa said he had not received a withdrawal affidavit from the complainant and it was the prerogative of the prosecution and not the police to withdraw matters before the courts.
He urged the court to remand the matter to the 30th of November where he expected the Prosecutor General to have furnished the court with a trial date.
Admire Rubaya a co-defence counsel in the matter put it to the court that there are ulterior forces as well as political and religious hawks prepared to interfere with the wheels of justice to the detriment of his client.
He begged the court to remove Walter Magaya from remand as he had religiously abided by court's instructions by availing himself whenever he was called upon to do so since his arrest four months ago.
The presiding magistrate Mr Vakai Douglas Chikwekwe agreed with the state counsel that the four month period on which the accused has been on remand is not too long and he further remanded the matter to the 30th of November for continuation.
The latest development emerged during the routine remand hearing for the accused which took place this Tuesday morning.
In a new twist to the much publicised rape matter for Prophet Magaya the complainant allegedly tendered a withdrawal affidavit to the police notifying them that she no longer is interested in pursuing the matter.
The complainant whose name cannot be disclosed due to ethical considerations allegedly wrote and deposed the withdrawal affidavit against the cleric on the eight of November wherein she indicated she freely and voluntarily withdrew charges against the accused person.
One of the investigating officers in the matter Mutumwa Zvidzayi confirmed this development whilst under cross examination by Everson Chatambudza one of Magaya's legal representatives saying the complainant had approached their offices with a view to withdraw the case and they had forwarded the docket to the Prosecutor General's office for final instructions.
He urged the court to remand the matter to the 30th of November where he expected the Prosecutor General to have furnished the court with a trial date.
Admire Rubaya a co-defence counsel in the matter put it to the court that there are ulterior forces as well as political and religious hawks prepared to interfere with the wheels of justice to the detriment of his client.
He begged the court to remove Walter Magaya from remand as he had religiously abided by court's instructions by availing himself whenever he was called upon to do so since his arrest four months ago.
The presiding magistrate Mr Vakai Douglas Chikwekwe agreed with the state counsel that the four month period on which the accused has been on remand is not too long and he further remanded the matter to the 30th of November for continuation.
Source - ZBC
