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PROPHET MAGAYA COURT APPEARANCE: LIVE UPDATE

****Prophetic Healing Deliverance Ministries founder Walter Magaya who is facing several charges of rape and fraud has now entered the court room with his lawyers as he awaits the presiding Magistrate’s arrival.

**** Scores of people have turned up at the Harare Magistrates Court to attend the high-profile case of Walter Magaya, the founder of PHD Ministries.
****Police officers have been forced to intervene and control the swelling numbers.
***Walter Magaya’s wife Tendai Magaya is also appearing before a Harare magistrate.
***The couple’s two security guards will also appear in court facing charges of interfering with justice after they reportedly attacked police officers who arrested Magaya on Saturday.
***Magaya’s Lawyer-Admire Rubaya: We have complaints against the police with regards to first and second accused.
***They were over detained, first accused was arrested at 5am whilst in the prayer mountain praying for everyone else including this country
*** Rubaya: Defence is challenging placement on remand and intend to apply that the accused persons be released on the basis that the court sitting as it is, is a court of law and cannot be seen to be presiding over an illegality relating to the detention of the accused.

***State through Clemence Chimbare argue that the an application for refusal of placement on remand based on the fact the the accused person’s constitutional rights have been denied.

***Rubaya: There’s a concession by the state that the accused persons were over detained but they think that their action is inconsequential because they are the state. The state ought to follow the law.

***The circumstances don’t allow their immediate and unconditional release because criminal charges still have to be pursued – Chimbare

***The judgment by Dube Banda J says once and accused has been brought to court and charged, cannot apply for immediate release. Magaya and his wife haven’t been charged in the court. They haven’t been placed on remand- Chimbare

***Presiding Magistrate Marehwanazvo Gofa is expected to deliver a ruling on whether the Magayas will be placed on remand or released unconditionally due to their over detention.

***The State said the remedy for an infringement of a constitutional right is for the accused persons to approach the Constitutional Court for compensation or damages.
Chimbari said if the Court allows for the Magayas’ immediate release it will be overstepping its judicial powers.
***Court has adjourned and magistrate Gofa is expected back in 30 minutes with the ruling.

*** MAGAYA & WIFE TO SPEND NIGHT IN REMAND PRISON

***The ruling on whether Walter Magaya and his wife Tendai will be placed on remand or released unconditionally due to their over detention has been deferred to Tuesday.

***They will spend tonight in remand prison.

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