THE trial of Prophetic Healing and Deliverance leader, Walter Magaya continued Wednesday with the prosecutor general calling the cleric’s lawyers a “group of corrupt monkeys”.
Magaya’s lawyers accused the prosecution of harassing the cleric saying there was too much controversy surrounding the case.
Prosecuting, is the Prosecutor General himself, Ray Goba and Justin Uladi.
Advocate Thabani Mpofu said Goba was showing personal interests in the case adding that he was incompetent to the extent that President Emmerson Mnangagwa had to set a special commission to help with prosecution of corruption cases.
“This case is not about witnesses who cannot come to court and testify but about there is prosecution defect, so strong that the President had to elect a special anti-corruption unit housed in the office of the president to improve efficiency in the fight against graft because the PG seems to be seized with this case only.
He comes here and sits with his whole team, harassing my client when the witness has continuously made it clear that she has no any case against the accused,” Mpofu said.
He said there was no reason to do that considering that Goba’s office should be seized with such issues, pointing to incompetency.
Mpofu also queried how the trial was going to proceed in the absence of the victim saying that a prosecutor can only work within his parameters but Goba was going out of hand.
The remarks came after the presiding Judge, Justice Amy Tsanga, trashed the victim’s application seeking Magaya to be freed and for her to be excused from the trial.
Magaya also applied that his trial should not proceed as it will be in violation of his constitutional rights considering that the complainant no longer wants him to be prosecuted indicating that she fabricated allegations against him.
However the application also flopped after the Judge ruled that Magaya was innocent until proven guilty and, as such, should face trial.
After Mpofu accused Goba of incompetence, the PG attacked the defence describing it as “a group of primates” adding that they were corrupt.
This did not go down with Advocate Slyvester Hashiti who stood up challenging Goba saying it was wrong to describe the whole bench of legal practitioners as baboons.
But the Judge ordered him to shut up and sit down.
Mpofu also said Goba’s accusations were lame considering that he had no evidence to prove that the case was being handled corruptly.
Goba told court that Magaya’s case was the most corrupted case he ever handled in 34 years.
Mpofu then told court that he intended to apply for an appeal for stay of proceedings.
But the Judge said she was not interested in hearing the application before Mpofu even indicated that it was for stay of proceedings.
“No I will not hear that because the trial is already proceeding,” she said.
“I have no position because I haven’t heard the case, I will not hear any application again, the trial has commenced,” she added.
Goba also contested the application saying it would delay the case since it would mean the case would have to be referred to Supreme Court again.
Mpofu, however, proceeded with the application raising a number of constitutional issues which he said were violated.
The magistrate is yet to make a ruling on the application and parties will be called to pick the date ruling when it is ready.
Magaya is accused of raping his female congregant, a university graduate.
Prosecutors allege that the victim got pregnant after the abuse and Magaya gave her a pregnancy termination pill.
It is also alleged that he defeated course of Justice after he transferred $100 000 into the complainant’s account for her to withdraw charges against him.
Mgaya is denying the charges. He has not given his defence yet but he accuses Goba of pursuing personal interests targeted at bringing him down.
He is being represented by his attorneys, Everson Chatambudza, Admire Rubaya and Oliver Marwa.
The lawyers are instructing Mpofu.
The complainant is being represented by Hashiti and has indicated that she will never testify against Magaya. – NewZim
