Tendai Rupapa Senior Court Reporter
A second bid for freedom by Sunday Mail Editor Edmund Kudzayi and his brother Philip, who are facing terrorism charges, failed yesterday after a Harare magistrate ruled that they should remain on remand pending trial.
Magistrate Mr Milton Serima dismissed the pair’s application for refusal of further remand.
“It would not be in the interest of justice to grant the application. Considering the complex nature of the offence, State should be given enough time to finish their territorial investigations,” he said.
“The accused persons need to be patient and wait for Assistant Commissioner Makedenge’s investigations.
“Even without producing any proof to show that Assistant Comm Makedenge left for USA, I would not want to think that the State misrepresented facts. However, parties will be guided by the investigating officer’s findings.”
Mr Serima remanded the pair to November 14. Through their lawyer Mr Admire Rubaya of Rubaya Chatambudza legal practitioners, Edmund and Philip made an application for refusal of further remand arguing they have been on remand for a long time without standing trial.
The State, led by Miss Sharon Mashavira, opposed the application saying the investigating officer left the country for the USA to meet Facebook and Google officials to aid the State case.
In their application, Edmund and Philip, who are facing charges of subversion and undermining the authority of the President through the Baba Jukwa Facebook account, accused the State of taking them for a ride.
They challenged the State to produce proof showing that indeed Assistant Comm Makedenge left the country for the USA.
Miss Mashavira said that the pair’s application was misplaced.
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 that 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 purpose of overthrowing the Government.
Edmund allegedly posted articles on the Baba Jukwa Facebook page which encouraged rebellion against Government if the July 31 harmonised elections “were stolen”.