'Baba Jukwa' seeks discharge

HARARE - Sunday Mail editor Edmund Kudzayi yesterday applied to be removed from further remand until the State is prepared to proceed with his case.

The 28-year-old, believed to be linked to the shadowy Facebook character Baba Jukwa, is facing charges of attempting to subvert a constitutionally-elected government, banditry, insurgency and demeaning the office of the President.

He is jointly charged with his brother Phillip.

The two, through their lawyer Admire Rubaya, made the application before magistrate Milton Serima, who will deliver the ruling today.

Rubaya said there was no guarantee that the State would be prepared to proceed to trial on January 31.

“There is nothing new in what the State has said today,” he said.

“According to the letters which the State presented today, there was supposed to be a response from the US by December 3.

“If the USA has denied them assistance, they should tell us. It is clear that the State only made a request to be assisted but they haven’t.”

He said accused persons’ right to be tried within a reasonable period was being trampled on.

Prosecutor Sharon Mashavira sought a further postponement of the matter to January 31 saying they were waiting for documents from the US Department of Justice Criminal Division Office of International Affairs, Google and Facebook.

“We managed to do a chase up on this matter but there are extra territorial investigations still outstanding,” Mashavira said.

“...and to prove that the State is not just proffering lip service, the investigating officer Crispen Makedenge did travel to the USA and there has been progress because the docket has been compiled.”

Mashavira said the accused persons have been on remand for a reasonable period of time and the court should consider the complexity of the charge.

“Mutual legal assistance is required and it will be in the interest of justice for accused persons to remain on remand,” she said.

According to State papers, the two planned and organised with some of their accomplices under the banner of “Gunda Nleya Brigade” and “Zimbabwe Revolutionary Army” to overthrow the government by “unleashing war”.

It is further alleged that they posted articles on the Baba Jukwa Facebook page which reportedly encouraged rebellion against the government if the general elections were to be rigged.


Comments (1)

The truth of the matter is that the state has no case. They just want to fixKudzayias is their usualhabit.

Johno - 10 December 2014

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