The Sunday Mail editor, Edmund Kudzayi, facing charges of attempting to subvert a constitutionally elected government, has written to Police Commissioner-General Augustine Chihuri demanding the speeding up of investigations, failure to which will result in legal action.
Through his lawyer, Admire Rubaya of Rubaya and Chatambudza Law Firm, Kudzayi who has been linked to the shadowy Face Book character Baba Jukwa, accused the police of buying time and of not having carried out proper investigations prior to arresting him.
In a letter written on January 12, which was copied to Prosecutor-General Johannes Tomana and Justice minister Emmerson Mnangagwa, Kudzayi accused the state of employing delaying tactics in his trial.
“It is common cause that our client was arrested in June 2014, where the state claimed it had ample evidence and would be ready for trial by July of the same year. Seven months have since passed,” said Rubaya.
“In the intervening period, our client has made a number of applications for further refusal of remand which have been opposed by the state on the basis of supposed extra territorial investigations which the state now claims is fundamental to the progress of the case.
“During an application for variation of bail conditions before the High Court, it became apparent that the responsible police officer, Assistant Commissioner Crispen Makedenge had made little progress apart from making a request for mutual legal assistance which was only done on October 3 2014.
“It was indicated in court that the American justice department had acknowledged receipt of the request and committed to respond within 60 days. The period in which the response was promised has since elapsed.”
Rubaya said his client would take legal action if he discovers that police were misleading the courts.
“We wish to put it on record that we will be taking appropriate legal actions if it later becomes apparent that the police were furnished with a response (perhaps unfavourable), but willfully misled the court at our last court appearance by claiming otherwise,” he said.
Rubaya said he doubted whether investigating officer Makedenge had travelled to the United States to carry out investigations.
Last year, Makedenge reportedly travelled to the US to meet with Google officials as part of his investigations.
“We have reason to believe that he (Makedenge) did not travel to America. 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 important case,” said Rubaya.
Kudzayi was arrested following claims that he was linked to the shadowy Facebook character Baba Jukwa.
He is facing charges of attempting to subvert a constitutionally-elected government, banditry, insurgency and demeaning the office of the president and is jointly charged with his brother