Tempers flare in Prophet Magaya rape trial

HARARE lawyer, Nyikadzino Singano has filed neglect of duty and verbal abuse charges against Prosecutor-General (PG) Ray Goba, as tempers continue to flare over the latter’s alleged heavy-handedness in the rape trial of Prophetic Healing and Deliverance (PHD) leader, Walter Magaya.

Singano last Friday reported Goba to the police accusing him of contravening section 88 of the Post and Telecommunications Act.

In his response to Goba’s telephonic attacks on Thursday last week, which have since formed the subject of a criminal matter against the top prosecutor, Singano said he was not afraid of the PG and would never be cowed to dump his clients.

According to correspondence gleaned by NewsDay, Singano says he is representing a victim, who was allegedly raped by a State witness, Kudakwashe Elliot, who apparently is expected to testify against Magaya.

“…Instead of dealing with that issue (witness’ issue) and telling the court the truth, you have
chosen to make threats in abuse of your office and in the vain hope that I would be cowed into silence. The heavens would rather fall but I would never be threatened by a person like you,” Singano said.

“I am also aware that you (Goba) have, contrary to your assertions met (Magaya’s complainant) before. You did so during the failed attempt at committal. Why my brother, would you want to lie over that simple issue? Assuming however, that you are correct, which you are not, do you mean that you do not see the impropriety of putting a charge in a rape matter under circumstances in which you have never interviewed the complainant?”

Singano added: “Let me make this position fundamentally clear, I am not afraid of you nor am I concerned by your threats, a recording of which is in my possession. Rather than discharge your duties, you have decided to address me as s…t, threatening in the process to deal with me. I have put the law into motion; you must answer for your conduct.”

Singano’s response came after the PG wrote to him accusing him (Singano) of defeating the course of justice in Magaya’s ongoing trial.

“With the full knowledge that she (Magaya’s complainant) is required by the court on April 3, 2018 you (Singano) contemptuously assisted her to defy a lawful order of court. You are, therefore, at the very least a socius to her crime of contempt of court to the extent that the contents of the said affidavit are also at variance with her statement to the police when she caused the arrest of Magaya,” Goba wrote.

“She is liable to a charge of perjury and you have exposed yourself to possible prosecution for the same offence including of course obstruction and/or defeating the course of justice (with actual intent).”

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