The victim and prime witness in the matter, Petronellah Donhodzo Mandaza, has since sued Prosecutor-General Ray Goba at the same court contesting the State’s decision to subpoena her, arguing she is no longer a complainant in the matter having confessed to falsely accusing Magaya of rape.
Harare High Court judge Justice Emy Tsanga ruled that Magaya’s application lacks merit.
“The application for leave to appeal lacks merit. The legal provisions and procedures laid out in the Criminal Evidence and Procedure Act on the conduct of a criminal trial do not in any way interfere with the accused’s right to a fair trial,” she said.
The judge said there was nothing unconstitutional about the State proceeding with the trial based on a reasonable suspicion that a crime had been committed.
In dismissing Magaya’s application, Justice Tsanga said the proportionality analysis is key in deciding whether the infringements of rights complained of are either justified or unjustified.