Story by Peter Chivhima
THE trial of Prophetic Healing and Deliverance (PHD) Ministries leader Walter Magaya, who is facing four counts of rape, failed to commence on Monday after the State successfully applied for the matter to be heard at a Victim Friendly Court.
Prosecutors argued that the complainants are vulnerable and traumatised and that testifying in open court could further affect them. The State submitted that holding proceedings in a Victim Friendly Court would safeguard their welfare and ensure they are able to give evidence freely.
Magaya’s legal team, led by Mr Admire Rubaya, opposed the application, arguing that it violated legal provisions. The defence further contended that the complainants could not be intimidated by the nature of the proceedings, citing their ages.
The court ruled in favour of the State, ordering that the matter be heard in a Victim Friendly Court and away from the public to protect the complainants.
Following the ruling, Mr Rubaya indicated that the defence would seek referral of the matter to the Constitutional Court, alleging constitutional breaches.
The case was deferred to Tuesday to allow the defence to file its application for referral.
