Prosecutors have asked the Harare Regional Magistrates Court to compel prominent pastor Walter Magaya to enter a plea in a rape case, saying repeated pre‑trial motions have stalled the prosecution and risked harming witnesses and alleged victims.
In papers filed at the court, the State described a series of what it called “frivolous and vexatious” applications lodged by Magaya’s defence that, prosecutors argue, were intended to frustrate the prosecution despite what they say is a prima facie case. The filings ask the magistrate to require the accused to respond to the charges once they are read in open court so the matter can move forward.
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“The law requires an accused person to respond to the charges once read in court,” the prosecution said in its submissions, noting that continued delays could prejudice witnesses, prolong the trauma of alleged victims and undermine public confidence in the justice system.
The State told the court that, should Magaya refuse to enter a plea, statutory provisions allow the magistrate to enter a plea of not guilty on his behalf so that a trial can proceed. Prosecutors urged the court to invoke those provisions if necessary to break the logjam created by the pre‑trial litigation.
Magaya is the founder of Prophetic Healing and Deliverance Ministries. The prosecution’s motion does not expand on the underlying allegations beyond stating that the criminal matter has been repeatedly delayed by pre‑trial applications. Defence counsel has previously filed multiple motions seeking various remedies, according to the State filings.
Legal experts say courts sometimes face tactical delays in high‑profile cases as defence teams use procedural challenges to test the admissibility of evidence or seek to dismiss charges. But prosecutors argue there is a point at which such tactics cross into abuse of process and judicial intervention is needed to protect the integrity of the trial calendar and the rights of complainants.
The current submissions ask the magistrate to either compel Magaya to enter a plea in open court or to record a plea of not guilty on his behalf and set a date for trial. The papers warn that without decisive court action, witnesses may become unavailable and public faith in the administration of justice could be further eroded.
The court has yet to make a public ruling on the prosecution’s application. A magistrate’s decision on whether to compel a plea or to enter one for the accused will determine the immediate next steps in the criminal process.
By News-room
Axadle Times international–Monitoring.
