Prophetic Healing and Deliverance founder Walter Magaya's rape trial failed to kick off at the Harare Magistrates Court on Monday morning leaving the man of God to accuse the State of persecution.
Soon after appearing in court Magaya was arrested by police officers.
Magaya's rape trial, involving five counts and two complainants, was slated to begin this Monday.
However, prosecutors stated they were not ready to proceed, as a communication breakdown prevented them from securing the appearance of witnesses based in Ireland.
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"We were of the belief that our witnesses would cater for their airfares. The witnesses on the other hand were also of the belief that the State was going to cater for their travel. This was made known to us last week hence there was no time to organise for their travel," Prosecutor Tendai Shonhayi said.
The prosecution further noted that the defense had not yet been served with the necessary trial documents. This delay was attributed to an amendment in the Irish-based witness's statement, which is currently awaiting her signature.
Notably, the State remained silent regarding the second complainant; however, reports suggest she has already notified authorities of her intention to withdraw her charges against Magaya.
Opposing the State's request for a postponement, defense counsel Admire Rubaya and Everson Chatambudza moved to have Magaya removed from remand.
The defense characterized the prosecution's conduct as "drip justice," arguing that maintaining remand under these circumstances constitutes harassment.
They maintained that the State should not be permitted to restrict Magaya's liberty while failing to present a substantive case against him.
"They arrested him and brought him here in handcuffs over offences allegedly committed in 2013. All the drama we thought they were ready yet they are not.
"It is clear Magaya is here for nothing as the reason for his remand has collapsed. The witnesses in Ireland are not here and there is no statement from her. We also received information that the second complainant withdrew her complaint through a letter to the Prosecutor General.
"They now want to arrest him and keep him on remand. They are practicing drip justice by arresting him in bits and pieces for them to be seen to be doing something," Rubaya said.
The defense team further argued that the State's actions are unconstitutional and run contrary to the legal principles upheld by the Second Republic.
Regional Magistrate Francis Mapfumo is expected to deliver his ruling on the matter on Tuesday.
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