Magistrate Dube on Tuesday threw away the charges after State prosecutor Jeremiah Mutsindikwa failed to furnish the court with any evidence of the alleged message. Mutsindikwa had pressed ahead with prosecution even though the police’s information technology experts had failed to retrieve the alleged Face Book posting by Mavhudzi.
Mavhudzi’s lawyer, Lizwe Jamela of Zimbabwe Lawyers for Human Rights (ZLHR) had demanded to be furnished with the evidence allegedly posted by the Magwegwe suburb resident praising the Egyptian uprising before commencement of the trial.
Magistrate Dube ordered the State to return the mobile handset to Mavhudzi. Mavhudzi was arrested in February 2011 and charged with subverting a government by unconstitutional means over a comment he allegedly made on Prime Minister Morgan Tsvangirai’s Face Book page expressing his approval of the protests in Egypt that led to the resignation of Hosni Mubarak as president.
He was granted bail after spending one month in prison after his lawyers Jamela and Nosimilo Chanayiwa of ZLHR intervened.
Meanwhile, High Court Judge, Justice Joseph Musakwa on Wednesday granted bail to two Glenview residents Kerina Gweshe and Memory Ncube, who were arrested early this month and charged with committing murder for allegedly slaying a police officer, Inspector Petros Mutedza.
Justice Musakwa ordered the two to reside at their given addresses and to report once a week on Monday to the police. The Judge ordered Gweshe to surrender her passport.