Tendai Rupapa Senior Court Reporter
The woman who accused Prophet Walter Magaya of raping her, yesterday came out in the open and exonerated the man of the cloth saying that she was worried the Acting Prosecutor-General was pursuing the matter despite her confession.
In a letter dated December 1, addressed to Acting PG Ray Goba accompanied by an affidavit, the woman insisted that she was never raped.
The documents were also copied to the National Director of Public Prosecution Mrs Florence Ziyambi, Director of Public Prosecutions Mr Nelson Mutsonziwa and Chief Public Prosecutor Mr Michael Mugabe.
The Commissioner-General of Police, the Officer Commanding Law and Order, the Clerk of Court, Harare Magistrates’ Court and Magaya’s lawyers, were also copied.
The woman said she did not want the matter pursued.
“I have already indicated that I want to withdraw these allegations but the Acting PG is pursuing the matter notwithstanding that I have withdrawn the matter out of my own volition without any undue influence or duress being exerted on me.
“The reason for the withdrawal is clear and it is that I was never raped, the report in question was simply a false report against the accused person. I understand the repercussions relating to this and I am not going to come back again on the basis of these false rape allegations,” read the affidavit.
In her letter, the woman expressed displeasure in the manner the State wants to proceed adding that if the matter was to proceed to trial, it would not come out well.
“It seems as if you have not taken heed of my clarion call that I have withdrawn the rape complaint. I was in the magistrates’ court yesterday and I was surprised (that) your representative, one Michael Mugabe insisted that a decision had been taken to proceed and prosecute the rape case in question yet I have withdrawn.
“It is my understanding that as the complainant I am in a position to indicate my decision relating to the matter. There cannot possibly be a rape case where I as the complainant has said the complaint was false and I was never raped,” she said in her letter.
She added: “If the matter proceeds in the manner proposed by your office that might not come out well given that I have already withdrawn this matter. Kindly note that I was never interfered with, neither am I being unduly influenced, because I am an independent woman who has decided to tell the truth.
“ . . . I am more than prepared to attend to your office for an interview but I will categorically state what I have always said, which is contained in the attached affidavit that I have served at your high office,” she wrote.
The woman recently filed her withdrawal affidavit and urged the relevant authorities to respect her decision.
“I do not wish to proceed with the case at all and never in my entire time,” she said.
She said the threats she received from unknown “forces” that wanted Magaya jailed were not the main cause of her decision.
“I want to correct any misguided misconception or misguided inferences that the referred threats are the prime cause of the withdrawal. Far from it, this withdrawal is motivated by my own free will and volition without any undue influence having been brought to bear,” she said.
However, on Wednesday Mr Mugabe indicated to the court that the prosecution intends to indict Magaya for trial at the High Court.
Advocate Thabani Mpofu who is representing Magaya with instructions from Rubaya and Chatambudza Legal Practitioners, said the State’s intention was “tainted”.
He said the complainant had confessed to Mr Mugabe in his presence that she was not raped, but that she had lied against Magaya.
Adv Mpofu then challenged the State’s intention to indict.
The defence team then told the court that to buttress their argument, they wanted to call the complainant to the witness stand to confess before the court.
“We would like to call the complainant to the witness stand so that she can say before this court what she said to the State in my presence this morning,” he said.
The State objected to the application arguing that it was unprecedented for the defence to use a State witness.
The magistrate Mr Vakayi Chikwekwe ruled that despite the wishes of the complainant, the State could proceed to trial since it is dominus litus in the matter.
The lawyers then indicated that they intended to approach the Constitutional Court and they will file their written submissions for the application for referral today and the State will file their response on December 12.
The matter will be back in court on December 19 when both parties are expected to make oral submissions to support their written ones.