Home » Legal and Judicial Affairs » Baba Jukwa Suspects Ruling Deferred

The ruling on whether The Sunday Mail Editor Edmund Kudzayi and his brother Philip who are accused of being the main characters behind the shadowy Facebook blog Baba Jukwa should remain on remand or not, was yesterday deferred to today as the presiding magistrate was said to be attending to other business.

On Monday, the duo through their lawyer Mr Admire Rubaya, made an application for refusal of further remand arguing that their right to trial within a reasonable time should not be trampled on.

However, prosecutor Miss Sharon Mashavira opposed the application and urged the court to postpone the matter pending finalisation of extra territorial investigations, saying the United States department of justice and criminal division was yet to assist in the case.

Magistrate Mr Milton Serima, who is presiding over the matter was supposed to hand down his ruling yesterday but was said to be occupied somewhere ,prompting Mr Tendai Mahwe to roll over the matter to today when Mr Serima is expected to pass the ruling.

In their application, the Kudzayi brothers through Mr Rubaya told the court that the continued wait for the letters from the US exposed Asst Comm Makedenge as having done nothing with regards the matter so far.

“If Asst Comm Makedenge was denied assistance, he should tell us. We don’t want to believe that the State is being used by a political hoax, but they leave us to presume.

“There is no guarantee that they will have the information, let them investigate until Jesus’ second coming, but the accused’s rights to trial within a reasonable time should not be trampled upon,” they said.

In response, Miss Mashavira submitted that they were still waiting for documents from Google and Facebook which would form part of the evidence.

She said it would not be in the interest of justice to remove the accused persons from remand considering the complexity of the matter which required mutual legal assistance.

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, babajukwa2013@gmail.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 intention of overthrowing the Government.

Edmund allegedly posted articles on the Baba Jukwa Facebook page, which encouraged rebellion against Government if the July 31 general election “were stolen”.

They are facing charges involving banditry, insurgency and demeaning the office of the President.

Source : The Herald

Archives