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official secrets to enemies of the State were yesterday granted bail.
Africom directors – Farai Rwodzi and Simba Mangwende-were granted US$2 000 bail each while HD Networks managing director Oliver Chiku paid US$700.
The three are also being charged with flouting the Post and Telecommunications Act for possessing or operating a communication network without permission from the regulating authority.
Espionage is a serious offence, which falls under Section 3c (ii) of the Official Secrets Act.
If convicted, one faces a maximum sentence of 25 years.
Harare provincial magistrate Mr Munamato Mutevedzi granted the trio bail after the prosecution failed to substantiate grounds upon which bail could be opposed.
He also noted that the failure to prove the proclamation of Afghanistan, Canada and the United States of America as enemies of Zimbabwe was the biggest undoing for the State’s case.
“The issue of determining the strength of the State’s case has . . . caused problems but at times it is necessary to comment if the parties have raised the issues to prove certain important points.
“The court would not want to describe the State’s case as weak but if the State fails, like what it did in these proceedings, to prove that Afghanistan, US and Canada were hostile to Zimbabwe, their case will be having gaps on trial.
“Lack of such evidence will create gaps in the prosecution’s case and it is not correct for the State to argue that its case is very strong under the circumstances,” he said.
Mr Mutevedzi said the State, which based its argument on bald and unsubstantiated allegations, failed to prove that the suspects would abscond if granted bail.
The court also noted that there was no attempt by the suspects to escape or interfere with investigations and witnesses.
Mr Mutevedzi considered the testimony of Detective Chief Superintendent Luckson Mukazhi that investigations were almost complete in granting bail.
“I am convinced that all the three suspects have discharged the onus to prove that they are proper candidates for bail. They are therefore admitted to bail,” he said.
There were smiles all over the courtroom as soon as the court adjourned.
Relatives and friends of the suspects celebrated and hugged before they gathered outside the courtroom for briefing from their lawyers.
The court considered the unchallenged submission by Chiku’s lawyer Mr Innocent Musimbe of IEG Musimbe law firm that he got lesser income than Rwodzi and Mangwende before granting him US$700 bail.
The three were ordered to surrender their passports to the clerk of court and to continue staying at their given addresses pending finalisation of the matter.
They are also required to report to CID Law and Order Section in Harare twice a week.
Mr Mutevedzi remanded the trio to November 15 when the defence team is expected to challenge placement of remand.
According to the State papers, between July and October 27 this year, the three hatched a plan to send messages to the US, Canada and Afghanistan containing confidential data from Government ministries.
It is alleged Chiku, who is connected to a Canadian firm called Juch Tech, invited the company’s representatives to Zimbabwe. Juch Tech is reportedly hostile to the Zimbabwean Government.
While in Zimbabwe, Chiku allegedly organised a meeting with Rwodzi and discussed the installation of satellite dishes and other equipment capable of transmitting Internet voice over the Internet protocol.
The two allegedly agreed and Rwodzi referred Chiku and Juch Tech representatives to Mangwende.
Mangwende, the State alleges, then instructed Africom engineers to install the equipment brought in by Chiku and the Canadians.
The equipment was tested and it was fully operational.
Thereafter, the Canadians left the country and police investigations established that the three had bought the equipment in their personal capacities.
They allegedly operated the system for three months before their arrest.
Online Reporter