Tendai Rupapa Senior Court Reporter
The Sunday Mail editor Edmund Kudzayi and his brother Phillip yesterday made a fourth bid for freedom arguing that the State was infringing on their constitutional right to be tried within a reasonable time.
Edmund and Philip, who are accused of being the main characters behind the shadowy Facebook blog Baba Jukwa, are facing charges of attempting to subvert a constitutionally-elected Government and undermining the authority of the President.
The brothers, through their lawyer Mr Admire Rubaya, accused the State of always postponing the matter under the guise of conducting extra territorial investigations.
Prosecutor Miss Sharon Mashavira sought a further postponement of the matter to March 30 on the basis that there were some extra territorial investigations that were yet to be conducted.
However, Mr Rubaya objected to the postponement of the matter and made an application for further remand refusal.
He said the State would not suffer any prejudice if they are made to proceed by a way of summons.
“The State’s indication that there are extra territorial investigations yet to be done is a tired submission.
“Your Worship, you will note from the record that they have been proffering the same reason since last year when we started making these applications,” he said.
He added; “The State is alleging that they have applied for mutual legal assistance from the United States of America, but it is not a secret that USA and Zimbabwe’s relations are frosty. I would want to live to see that response, probably the State will get the response when we are all gone.”
He argued that the State was not doing anything rather than trampling on the accused persons’ right to be tried within a reasonable period.
Magistrate Mr Milton Serima, will pass his ruling on Monday next week.
It is the State’s case that 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@example.com, 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 Government if the July 31, 2013 general election “were stolen”.