The trial against the Sunday Mail Editor Edmund Kudzayi and his brother Phillip being charged for being the faceless Baba Jukwa character, is set to last beyond a decade after a Harare magistrate refused to release the pair ruling that they have a potential case for prosecution.
The two appeared in court arguing that the investigating officer Crispen Makedenge could not have traveled to the United States as claimed by the prosecution as being the cause for the current delay to proceed to trial and to keep the two on remand. Investigations by ZimEye have revealed Makedenge did not at all travel to the United States (READ MORE-Baba Jukwa Case: Makedenge Denied US Visa).
Furthermore Magistrate Mr Milton Serima while dismissing the pair’s application for refusal of further remand, failed to prove that Makendege did travel to the US only stating that he believed he was part of a diplomatic delegation assigned to speak with US authorities. Mr Serima said he was convinced that a diplomatic delegation led by chief law officer Mr Tawanda Zvekare from the Prosecutor General’s office met with representatives from the department of justice in the United States of America. “I am convinced that the State is not just sitting on its laurels for it is clear that communication has taken place between the State and the justice department in the USA,” he said.
He continued saying, “while the defence had earlier argued that there was no proof that anyone went to the USA, a letter from the USA department of justice confirmed that State representatives were in that country.
“In the letter, a representative from the USA confirmed that they met with Mr Zvekare and several others and I believe Mr Makedenge was part of the delegation. This allays the applicants’ fears that the State had not been telling the truth,” he said.
Mr Serima also said that the pair’s rights were not being interfered with.
He added, “Also in that letter from USA, Mr Zvekare is indicated to have asked that the matter be dealt with urgently but the department of justice said the request required time and careful analysis.
“These developments buttress the State’s contention that this is a complex matter.
“In the circumstances, I don’t envisage a situation where it can be said that their rights are being interfered with.”
Therefore, the application was dismissed. On Monday this week, the pair, through its lawyer Mr Admire Rubaya made the application arguing that their right to trial within a reasonable time should not be trampled upon.
However, prosecutor Miss Sharon Mashavira opposed the application and urged the court to postpone the matter pending finalisation of extra-territorial investigations, saying the US department of justice and criminal division was yet to assist in the case.
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 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 purposes 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, allegations which they deny.
It is widely believed that the United States government will never collaborate with Zimbabwean law enforcement agencies as this inconsistent with that country’s foreign policy towards Zimbabwe which country remains declared a pariah state. “The only time when the US can collaborate with the Zim government is when there has been a change of regime or at the least the US alters its foreign policy stance against the ZANU PF controlled government and judging by the flow of events that can only be after a decade or even 12 years from now”, said law expert Jameson Nkala.