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The defence had sought a refusal of remand on the basis that the facts on the indictment papers did not disclose an offence as alleged.
It was also argued that there was no reasonable suspicion to justify the deprivation of liberty of the three.
Even if the Africom directors were to be remanded out of custody, the defence still felt it was deprivation of liberty.
The State conceded to the defence submissions and withdrew the espionage charge before plea.
After the State withdrew the charges, the defence successfully applied for the alteration of the trio’s bail conditions.
The three were reporting to the police twice a week, but that condition was scrapped and they got back their passports.
The defence argued that since the espionage charge, which was more serious in terms of the penalty attracting a maximum of 25 years in prison had been dropped, there was no need for the State to hold on to the trio’s travel documents.
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It was further argued that the charge for which the three would face trial has a maximum penalty of US$700 fine and the State is holding more than US$700 in bail.
Charges against the Africom directors arose between July and October 27 this year when 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.
Advocate Lewis Uriri represented the three while Mr Jonathan Murombedzi appeared for the State.
Online Reporter