Makandiwa Led Prosecutor Removed From Magaya Case

By Staff Reporter

THE Prosecutor General has acceded to PHD leader Walter Magaya’s request to remove Harare Provincial Chief Director Tendai Shonhayi from his rape trial on religious grounds.

Magaya through his lawyers Admire Rubaya and Everson Chatambudza told the Prosecutor General that he had knowledge that Shonhayi is a member of a rival church, United Family International Church (UFIC) led by Prophet Emmanuel Makandiwa adding that he feared she would not be impartial.

In today’s sitting Shonhayi was not on the bench with Catherine Munyeriwa taking over her place, an indication the request was granted.

In the letter dated February 17, the lawyers said Shonhayi belonging to a rival church will affect her professional judgment in the handling of the matter in pursuit of selfish interests which will render the trial unfair as she is determined to “destroy him and his church.”

The lawyers pointed to a number of proceedings which they say shows partiality from Monday’s proceedings which saw the matter being pushed to the Victim Friendly Unit.

They have also highlighted bail proceedings at the High Court which she allegedly sought the recusal of the judge.

It is the argument that she wants to employ guerrilla tactics against Magaya, alleging that she is the one who has prepared the charge sheet and at one point tried serving Magaya the papers without names of the alleged victims.

“It is the client’s contention that Ms Shonhayi is not impartial in this matter as required by the law for a Prosecutor. She clearly has a personal agenda emanating from her personal hatred against both the Accused person and his church.
“It is our client’s considered view that Ms Shonhayi is conflicted and should be recused from the matter,” the letter reads.

Meanwhile, the court is engaged on his application to have the matter referred to the Constitutional Court.

This is after the magistrate ordered to have the matter heard in camera after granting an application by prosecutors.

The prosecutors averred that the witnesses had reservations to testify in an open court while facing Magaya.

This was challenged by his lawyers who claimed it would be unfair to have the testimony of the witnesses through intermediaries.

In the application for referral to the Appex Court, the lawyers said constitutional issues arose from the magistrate’s decision who said had relied on facts on the State’s papers and their submissions in court that the witnesses were vulnerable even without interviewing them.