RAPE accused Prophetic Healing and Deliverance founder Walter Magaya has approached the High Court challenging the legality of his prosecution.
He filed his application through his lawyer, Advocate Thabani Mpofu on Thursday arguing that the state had no right to prosecute him considering that the complainant has indicated that she is no longer a witness in this case.
The complainant has also sued the Prosecutor General, Ray Hemington Goba, contesting his decision to summon her for the trial saying she falsely accused Magaya.
In his application, Magaya said it is unconstitutional for the state to try him in the light of the circumstances and is seeking acquittal.
Goba was cited as the respondent in the application.
Among other concerns, Magaya wants to know why the state wants the complainant arrested when she has written to the court excusing herself.
The PG is expected to respond to the application next week.
Magaya is accused of raping his female congregant in August 2015 at one of his houses in Mt Pleasant.
The court alleges he went on to force the victim to terminate her pregnancy after the alleged abuse before he gave her $100 000 to keep her mouth shut.
Advocate Sylvester Hashiti is representing the complainant while Mpofu is being instructed by Magaya’s attorneys’ Everson Chatambudza, Admire Rubaya and Oliver Marwa.