The case of Prophetic Healing and Deliverance Ministries leader, Walter Magaya was yesterday postponed to October 21.
By Tinashe Nyatsoka
The state led by Sebastian Mutizirwa indicated that there was an outstanding witness whose statement was yet to be recorded.
Admire Rubaya and Messrs Everson Chatambudza of Rubaya and Chatambudza Legal Practitioners who are representing Magaya did not oppose the postponement of the matter but registered their displeasure on the way the state is handling the matter.
“Your Worship, we are not happy with way the state is handling this matter”.
“The matter was booked for the 15th of September and the state cited that by the 28th of September it will be ready to furnish us with a trial date but today here we are, with the state seeking a further postponement of the matter,” said the defence counsel”
Chatambudza stated that they will seek refusal from remand if the state fails to furnish the court with a trial date on the next session .
Co-defence counsel Rubaya weighed in highlighting that his client’s rights were not being considered since bail is not penal but a right.
“The court must consider further relaxation of the bail conditions from reporting once a week to maybe reporting once a month or once a fortnight, because we are here not because of our client but because the state’s house is not in order. My client have been religiously adhering to the bail conditions and thus he must be treated fairly by the state,” said Rubaya.
Rubaya highlighted that the law states that if an accused person is placed on remand he/ she must be given a trial date within a reasonable time.
“ My client is not being treated fairly in the hands of the state and the court must assist the accused person to have justice, the state must be reminded that this is a court of justice and law hence must be guided accordingly,” he said.
In its response the state said there were new issues being raised by the complainant as well as an outstanding witness whose statement yet to be recorded. The state further denied to further relax the bail conditions.
Magaya is accused of raping a 25 year old congregant.
