Prophetic Healing and Deliverance Ministries leader Walter Magaya could have a gloomy Christmas with a rape case, which he thought was over, hanging over his head.
Magaya was facing charges of raping a 25-year-old woman but she has since withdrawn the charges.
The State, however, said yesterday it would proceed to trial at the High Court.
Magaya’s lawyers argued that the State had no case since the complaint had voluntarily withdrawn the charge and confessed that she made a false complaint.
The state objected saying there was no law that allowed accused persons to challenge an indictment at the High Court.
Magistrate Vakayi Chikwekwe ruled that the State could proceed to trial.
“The court cannot stop the State to indict the accused person. It is the State, not the complainant, which has that constitutional mandate. Complainant is just a witness, hers is a mere persuasion which is not binding,” the magistrate was quoted by The Herald as saying.
Magaya was remanded to 19 December.
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