The trial of Walter Magaya, leader of Prophetic Healing and Deliverance Ministries (PHD Ministries), failed to commence on Monday after the State successfully applied for the matter to be heard in a Victim Friendly Court.
Magaya is facing four counts of rape.
Prosecutors argued that the complainants are vulnerable and traumatised, submitting that testifying in open court could further affect their wellbeing. The State maintained that conducting proceedings in a Victim-Friendly Court would safeguard the complainants and enable them to give evidence freely.
The defence team, led by Mr Admire Rubaya, opposed the application, contending that it violated legal provisions. Mr Rubaya argued that the complainants could not be intimidated by the nature of the proceedings, citing their ages.
However, the court ruled in favour of the State and ordered that the trial be held in a Victim Friendly Court and away from the public to protect the complainants.
Following the ruling, Mr Rubaya indicated that the defence intends to 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.
Source – ZBC