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Published On: Tue, Dec 9th, 2014

Baba Jukwa trial rages on

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HARARE magistrate Milton Serima is today expected to make a ruling on the application for refusal of further remand filed by Sunday Mail editor Edmund Kudzayi and his brother Phillip, who are awaiting trial on charges of attempting to subvert a constitutionally elected government.

The two’s lawyer Admire Rubaya argued in his application yesterday that the State had adopted “a lackadaisical attitude towards the matter” and they had not done anything despite telling the court that they were conducting extra territorial investigations.

“The song that (investigating officer Assistant Commissioner Crispen) Makedenge went to the United States is the old song we have been told. Why should we continue to place the accused on remand, the court should show the State that there is nothing special about them,” he said.

Prosecutor Sharon Mashavira in October this year told the court that Makedenge left the country for the US to engage Facebook and Google as part of the investigations.

She told the court yesterday the two must be kept on remand.

“We seek a further postponement on this matter to the 31st of January. There has been progress and we are still waiting to receive documentary exhibits from the US. We are of the view that it will not be in the interest of justice to remove the accused persons from remand, considering that they have been on remand for a reasonable period,” said Mashavira.

Kudzayi issued a statement on his facebook saying

“Just out of court, the police asked for the case to be postponed to the 31st of January 2015.

It seems the Americans have denied the request by the ZRP to access data from Facebook and Google.

The police produced a letter from the US Justice Department dated 3 October 2014 which promised to respond to their request within 60 days.

This means by the 3rd of December the ZRP had received a response from the Americans. That response was negative but they are embarrassed to admit as much.

Back in court tomorrow 11:15 for the judgment as to whether or not I remain on remand.”

It is alleged that the pair used the page to urge citizens to revolt or take up arms against President Robert Mugabe’s government in the run-up to the elections last year.NEWSDAY

 

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