DETAINED Sunday Mail editor Edmund Kudzayi has challenged the State to prove that he is behind the shadowy Facebook character, Baba Jukwa.
Kudzayi said the State must engage Facebook owner Mark Zuckerburg and his firm to ascertain the Internet protocol address (IP) of the real person who set up the account as well as its administrators.
In his bail application, which is set to be heard today at the High Court, Kudzayi through his lawyer Admire Rubaya said he was being incriminated by the State using information that he provided after being requested to do so by the Defence ministry.
He said the Gmail account, which was created by the administrator of Baba Jukwa's Facebook account was set up while he was in the United Kingdom. He said the Econet line, which was allegedly used to open the Gmail account, had not been acquired by his brother then.
"It is of critical importance to note that the State in clause 3 of the annexure to the form 242 alleges that the accused (Kudzayi) created a Gmail account called firstname.lastname@example.org using an Econet line 0771 446 541.
"What it presupposes is that the line was activated by Econet before Baba Jukwa Facebook page was set up," Kudzayi said.
"According to publicly accessible information on Facebook, Baba Jukwa, joined Facebook on March 22 2013 of which accused was in the United Kingdom. Further, the line in question was allocated to accused's brother who only played a role of providing an identification document to acquire the line from Econet, but never used it, sometime on or about the 7th of June 2013."
The computer guru said Econet records would show when the line was activated.
"Thus if the line in question is the basis of the creation of Baba Jukwa then that would be a miracle as at the time the Baba Jukwa page was set up that line was not yet activated in the Econet system and accused was not using the line in question in the United Kingdom and he did not know if it existed.
"Even his brother Phillip had not acquired it then. The State should have approached information technology experts first or should have investigated through enquiries from Google and Facebook," he said in the High Court application.
Kudzayi said he only became aware of the Baba Jukwa issue when he was called by Environment, Water and Climate minister Saviour Kasukuwere to assess information provided by a hacker only identified as Kennedy.
He said Kennedy was brought by a Herbert Huruva and he was asked to check if the information related to hacking of Baba Jukwa's Gmail account was of any value.
Kudzayi said Kasukuwere later referred him to Information, Media and Broadcasting services minister Jonathan Moyo who met the hacker.
"Further what the police allege to have been investigated, is something they actually got from the accused who supplied them with the relevant information through Assistant Commissioner Chrispen Makedenge," the High Court application said.
"The accused is now perplexed that he is being falsely incriminated yet the investigating officer knows very well that his involvement in the matter related to hacking the Baba Jukwa account in consultation with the Defence ministry not that he is Baba Jukwa as is being portrayed by the State in its papers."
Meanwhile, Kudzayi's brother, Phillip appeared at the Harare Magistrates' Courts yesterday facing similar charges and was remanded in custody to July 7.