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Senior Court Reporter
SUNDAY Mail editor Edmund Kudzayi and his brother Philip had their freedom bid dashed yesterday after a magistrate gave investigators and prosecutors more time to gather evidence. He remanded them out of custody to February 27, 2015. The brothers face charges of seeking the overthrow of President Mugabe’s government through unconstitutional means. They both deny the charges.
Kudzayi and Philip, claim prosecutors, were the main characters behind the shadowy Facebook blogger, Baba Jukwa.
Harare magistrate Milton Serima yesterday turned down the pair’s application for refusal of further remand after finding that investigators were pursuing extra-territorial enquiries which required more time.
This is the third time the two brothers have unsuccessfully applied to have the charges dropped.
In his ruling, Serima said he was convinced that a Zimbabwean delegation led by chief law officer Tawanda Zvekare from the Prosecutor General’s office met with representatives from the Department of Justice in the United States.
“I’m convinced that the state is not just sitting on its laurels for it’s clear that communication has taken place between the state and the Justice Department in the USA,” Serima said.
“While the defence had earlier argued that there was no proof that anyone went to the US, a letter from the US Department of Justice confirmed that state representatives were in that country. In the letter, a representative from US confirmed that they met with Zvekare and several others and I believe Makedenge was part of the delegation. This allays the applicants’ fears that the state had not been telling the truth,” he said.
Serima added: “Also, in that letter from the US, Zvekare is indicated to have asked that the matter be dealt with urgently but the department of Justice said the request required time and careful analysis.
“These developments buttress the state’s contention that this is a complex matter. In the circumstances I don’t envisage a situation where it can be said that their rights are being interfered with.”
On Monday this week the duo through their lawyer Admire Rubaya made the application arguing that their right to trial within a reasonable time should not be trampled upon.
However, prosecutor Sharon Mashavira opposed the application and urged the court to postpone the matter pending finalisation of extra-territorial investigations, saying the United States Department of Justice and Criminal Division were looking into their request for cooperation.
Prosecutors say sometime in April 2013, Edmund hatched a plan with Philip to overthrow the government through unconstitutional means.
It is alleged he created a Gmail account, [email protected], using a mobile phone line registered in Philip’s name, but used by Edmund.
The two allegedly formed two separate groups called the Gunda Nleya Brigade and the Zimbabwe Revolutionary Army with the purposes of overthrowing the government.
Edmund allegedly posted articles on the Baba Jukwa Facebook page which encouraged rebellion against the government if the July 31, 2013, general elections “were stolen”.
They face a string of charges including banditry, planning an insurgency and demeaning the office of the President.
Online Reporter