Freedom eludes the Kudzayi brothers Phillip Kudzayi (in handcuffs) is escorted by detectives into the Harare Magistrates’ Court yesterday. - (Picture by Ruvimbo Chakanyuka)
Phillip Kudzayi (in handcuffs) is escorted by detectives into the Harare Magistrates’ Court yesterday. - (Picture by Ruvimbo Chakanyuka)

Phillip Kudzayi (in handcuffs) is escorted by detectives into the Harare Magistrates’ Court yesterday. – (Picture by Ruvimbo Chakanyuka)

Senior Court Reporters
Phillip Tawanda Kudzayi, brother to detained Sunday Mail editor Edmund Kudzayi, was yesterday remanded in custody on charges of attempting to subvert a constitutionally elected Government or alternatively attempting to commit an act of insurgency, banditry, sabotage or terrorism.
Edmund is also in custody facing the same charges, in addition to undermining the authority of the President and keeping ammunition in an unsecured place.
Phillip (29), who handed himself over to the police on Tuesday, appeared before magistrate Mr Vakayi Chikwekwe, but proceedings were delayed after he was brought to court late by prison officials.

This irked Chief Law Officer Mr Tawanda Zvekare who sought Mr Chikwekwe’s intervention to reprimand the prison officials.
The matter resumed about 15 minutes later with Phillip through his lawyer, Mr Admire Rubaya, telling the court that he did not have complaints against the police.

Mr Chikwekwe advised Phillip that the charges he was facing were serious, hence he should approach the High Court for bail since he had no jurisdiction to entertain a bail application on insurgency and banditry.

Phillip was remanded in custody to July 7 for routine remand.
Upon conviction, the offence carries a life sentence.

Mr Zvekare alleged that in April 2013, Phillip hatched a plan with Edmund and other accomplices still at large, to overthrow the Government through unconstitutional means.

It is alleged they created a Gmail account, [email protected], using a mobile phone line registered in Phillip’s name, but used by Edmund.
The two allegedly formed two separate groups called the Gunda Nleya Brigade and the Zimbabwe Revolutionary Army to overthrow the Government.

They allegedly posted articles on Baba Jukwa’s Facebook page, which encouraged rebellion against Government if the July 31 harmonised elections “were stolen”.
They also allegedly posted articles to the effect that they had a Dare reChimurenga in place and that a team was on the ground studying the situation in Zimbabwe.
On May 11 this year, the court heard that The Sunday Mail published a story about the true identity of Baba Jukwa titled “Hackers unmask Baba Jukwa”.

Investigations revealed that the two were the ones in control of the Baba Jukwa Gmail account.
The court further heard that Phillip, opened an account with a local bank which he accessed payments for Amai Jukwa articles which were authored and published by Edmund.

Meanwhile, Edmund is likely to spend the weekend in custody pending the hearing of his bail application at the High Court after the prosecution failed to file its response yesterday.

The bail hearing had been set for today, but by close of business yesterday the prosecution had not filed its response to Edmund’s 92-page bail application that was filed at the High Court on Wednesday.

Director of public prosecutions Mr Nelson Mutsonziwa yesterday confirmed receiving Edmund’s application.
“We have been served with the bail application and we are going through the papers,” said Mr Mutsonziwa.

“It is a voluminous 92-page document with several attachments. As soon as we have gone through it that is when we are going to take a position.”

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