The rape trial of Prophetic and Healing Deliverance founder Walter Magaya opened on Friday with a legal battle over whether proceedings should be moved to the Victim Friendly Unit.
Prosecutor Clemence Chimbari applied for the complainant and some of the six State witnesses to testify outside open court, arguing they were vulnerable and should not be subjected to public proceedings.
“They have gone through a lot mentally and emotionally. It will not be in the interests of justice for them to testify in open court,” Chimbari submitted.
Defence lawyer Admire Rubaya opposed the VFU application, saying the State had provided no medical or factual evidence to support claims of trauma. He argued that the court should first privately assess the witnesses before restricting open proceedings.
“A fair trial starts now. This matter cannot be dealt with in secrecy,” Rubaya said, adding that all complainants involved are adults.
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Presiding magistrate Esthery Chivasa granted the State’s application, ruling that vulnerability is not determined by age and does not require medical proof.
“It can be traumatic to face an accused person. There is need to protect such a witness,” she said.
Rubaya immediately indicated he would seek referral to the Constitutional Court, arguing that Magaya’s fair trial rights were being infringed. He requested time to file a written application.
The State opposed any delay, citing the continuous trial roll and the availability of witnesses.
The court allowed the defence to file its application on Saturday morning.
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