By Court Correspondent
HARARE — Televangelist Walter Magaya was dramatically re-arrested by police on Monday moments after leaving the Harare Magistrates Court, this time facing fresh rape allegations involving four additional women.
Magaya’s lawyer, Admire Rubaya, had earlier applied for his removal from remand after the commencement of his ongoing rape trial — relating to alleged sexual assaults on two women — failed to take off.
One of the complainants is reported to have withdrawn her complaint, while the second is currently in Ireland.
The National Prosecuting Authority (NPA) told the court it was facilitating her return to Zimbabwe.
The Prophetic Healing and Deliverance (PHD) Ministries founder is also separately facing fraud charges alongside his wife, Tendai, in a matter for which he had been remanded in custody until March 27.
However, shortly after proceedings concluded on Monday, Magaya was surrounded by police detectives in the court car park and informed that he was under arrest on new charges.
Appearing before magistrate Letwin Rwodzi, Rubaya strongly protested the manner and timing of the arrest, accusing police of abusing their powers.
“We have complaints against the police. Today was supposed to be his trial.
“The state received communication from us requesting papers so that we could prepare, but that communication was ignored,” Rubaya said.
“They realised that we had applied for the accused to be removed from remand on the basis that there are no witnesses.
“The first witness is in Ireland. The second complainant has written to the Prosecutor General withdrawing her allegations.
“Faced with that scenario, they connived to re-arrest the accused person in order to keep him in detention,” added Rubaya.
Rubaya further complained about Magaya’s treatment following the arrest.
“He was escorted to a commuter omnibus with no seats and was ordered to sit on the floor, as smart as he is.
“It’s a sad day for justice.
“What is the intention of arresting a man of God who has come to court on numerous occasions, surrendered his passport and title deeds, in such fashion,” he said.
Rubaya accused police of misapplying the law and argued that the arrest was unjustified.
“If the intention is to bring a person to court for trial, then why arrest that person?
“There is need to look beyond and see what is really happening.
“Why is the law being misapplied in this case,” he said.
“The accused has a right to equal protection of the law.
“Arresting a person simply because you can is an issue that needs to be investigated.”
Prosecutors Clemence Chimbari and Tendai Shonhai dismissed the allegations, insisting that due process had been followed.
“Investigations were underway and as soon as police concluded them, they effected the arrest.
“It would have been a cause for concern had the police arrested the accused before completing investigations,” Chimbari said.
“The timing of the arrest should not be interpreted as an attempt to torture the accused in any way.
“An arrest is effected where there is reasonable suspicion that a criminal offence has been committed, added Chimbari.
Chimbari added that rape is a serious offence and that only the High Court has jurisdiction to grant bail in such matters.
Rubaya, assisted by Everson Chatambudza, said the defence would be applying for bail at the High Court.
Magaya was remanded in custody to February 16.
Prosecutors indicated that the trial is scheduled to run on a continuous roll from February 16 to 19.
