SUNDAY Mail Editor Edmund Kudzayi, who is accused of attempting to unseat President Robert Mugabe’s constitutional government by waging “cyber-terrorism” against the State via social network Facebook through a shadowy character “Baba Jukwa”, has confronted Police General-Commissioner Augustine Chihuri demanding urgent prosecution.
CHARLES LAITON SENIOR COURT REPORTER
Through his lawyers Rubaya and Associates, Kudzayi, who was arrested alongside his elder brother Phillip over the same allegations, accused the police of misleading the court concerning the results of the extraterritorial investigations which Police Assistant Commissioner Chrispen Makedenge is alleged to have conducted in the United States of America.
“The State counsel in the matter has continued to claim without substantive evidence that Assistant Commissioner Makedenge travelled to the USA, this in the hope of persuading the court that the police are seized with the matter. We have reason to believe the he did not travel to America,” Kudzayi’s lawyers said.
“If it is later proven that he was not part of the team that travelled, we will be taking appropriate legal action. In addition, this will raise serious questions about the motives of the police in misleading the nation about this very important case.”
In a three-page letter gleaned by NewsDay dated January 12 2015, addressed to Chihuri and copied to the Prosecutor-General Johannes Tomana, Minister of Justice, Legal and Parliamentary Affairs minister Emmerson Mnangagwa, the Director Criminal Investigation Department, Officer Commanding Law and Order and the Director of Public Prosecutions, Kudzayi claims police is hiding important information.
“We wish to put it on record that we will be taking appropriate legal action if it later becomes apparent that the police were furnished with a response (perhaps unfavourable) but wilfully misled the court at our last court appearance by claiming otherwise,” Kudzayi’s lawyers said.
“We have been instructed as we hereby do that we request you to look into this matter and address the issues being raised by our client. Your office has an important oversight responsibility to ensure that the police are not used for malicious motives.
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“We have been instructed to mount legal action to raise these gross irregularities and are hereby giving your good office seven days to look into these matters. If we do not receive a satisfactory response, we will be taking appropriate legal action.”
In a three-page letter gleaned by NewsDay, Kudzayi said he was arrested at the instigation of powerful political individuals for fear that he would expose them for their role in the Baba Jukwa syndicate after he had commenced publishing details of Baba Jukwa’s private communications.
High Court judge Justice Joseph Musakwa last year described the pace at which investigations in the matter were being carried out as “sluggish”.
