Magaya “Scared” Of Small Black-and-White TV In Victim Friendly Court

Zimbabwean preacher Walter Magaya has raised concerns about his rape trial being held in the Victim Friendly Court (VFC), citing the presence of a small black-and-white television among the courtroom equipment.

Magaya, who faces multiple rape charges, said he is uneasy about the case being heard in camera after inspecting the court’s facilities, including the outdated television.

He made the remarks while giving evidence in support of his application for the matter to be referred to the Constitutional Court.

Magaya told the court he fears the trial may not be fair if it proceeds in camera, “given the state of the equipment” in the VFC.

He was allowed to inspect the courtroom by the presiding magistrate, Estere Chivasa. Said Magaya:

“From what I saw right now in the VFC, the magistrate won’t have a clear view of the TV and won’t see the demeanour of the witnesses.

“The television is small and is black-and-white. I’m now more scared than I was before. That place won’t give me a fair trial at all.

“When I was in remand prison, I had the opportunity to experience the virtual court, and the sound was inaudible, the picture wasn’t clear, and if that were to happen during my trial, I’d be doomed.”

Magaya argued that the court should have interviewed the witnesses first to confirm whether they were truly vulnerable before ordering the trial to be held in the Victim-Friendly Court, which, from what he saw, seems more suited for infants and children.

Meanwhile, a legal standoff unfolded between the presiding magistrate and Magaya’s lawyers over the interpretation of Constitutional Court rules.

The State, led by Clemence Chimbari, said they would only file their heads of arguments and would not lead a witness—a move the defence claimed was unlawful.

Magaya’s lawyer, Admire Rubaya, argued that Constitutional Court rules require both parties to present evidence.

Chivasa sided with the State, saying those rules apply only to the Apex court and not to lower courts. This decision was met with strong opposition from the defence.

The matter was remanded to March 2 for oral arguments.

More: H-Metro