Magaya Drags Makandiwa Into Rape Trial

Self-styled prophet Walter Magaya has written to the Prosecutor General requesting the recusal of senior prosecutor Tendayi Shonhayi from his case, alleging a conflict of interest.

Magaya claims Shonhayi is a member of a rival church, United Family International Church (UFIC), led by Emmanuel Makandiwa.

The letter, submitted in court on Tuesday by Magaya’s lawyers, Messrs Admire Rubaya and Everson Chatambudza, states that Shonhayi may be conflicted.

Magaya contends that she is emotionally involved and acting in favour of Makandiwa, despite the expectation that she should remain impartial in the case. The letter reads in part:

“Our client instructs, and has it on good authority, that Ms Tendayi Shonhayi is a member of a rival church known as United Family International Church (UFIC), which is considered by our client as a rival church to Magaya’s church, PHD Ministries, as well as to Magaya himself.

“It is our client’s considered view that Ms Tendayi Shonhayi is on a mission of her own to try and persecute him on the basis that she wants to destroy our client’s church for the benefit of UFIC, which is a competing rival church.”

They alleged that Shonhayi unilaterally decided to move the trial from Court 15, an open court, to the Victim-Friendly Court.

Magaya’s lawyers further claimed that Shonhayi prepared the charge sheet, state outline, and witness statements without including the names of the alleged complainants, which they said contravened Section 146 of the Criminal Procedure and Evidence Act. Reads the letter:

“She only had to serve Magaya’s defence counsel with new charge sheets, which now had names after they had taken her to task.

“She further had to write the witness names on the typed witness statements using a blue pen.

“For your convenience, we have attached the defective documents that our client was once served with.

“Our client has also observed that the proceedings seem to be marred by the overbearing preponderance of Ms Shonhayi, who is not the lead counsel.

“Instead of leaving Mr Clemence Chimbari (lead counsel) to argue, she is always seen whispering something to him, showing that she is the one in charge.”

The lawyers raised several additional points, concluding that Shonhayi may not be impartial, as required by law for a prosecutor.

They claimed that Shonhayi appears to have a personal bias against both Magaya and his church. Reads the letter:

“It is therefore not in the interests of justice that she is allowed to continue being part of the prosecuting team, given this background.”

The National Prosecuting Authority has not yet responded to the allegations.

Magaya is expected to give evidence on Wednesday in his application to have the case referred to the Constitutional Court.

More: The Herald