Harare — THE State has launched an appeal at the Supreme Court against the High Court determination ordering the release of former ZBC newscaster Jestina Mukoko and 31 other co-suspects accused of recruiting people for military training in Botswana. The 32 are still in custody.

On Wednesday, High Court judge Justice Yunus Omerjee ordered the immediate release of Mukoko and her co-defendants on the basis of a previous High Court order declaring their detention illegal because they had been held for more than the stipulated 48 hours before being brought to court.

The Attorney-General's Office, however, filed a notice to appeal against the High Court decision, rendering the order ineffective until the Supreme Court makes a determination on the appeal.

Police chief spokesman Senior Assistant Commissioner Wayne Bvudzijena confirmed the latest development yesterday quashing reports from some sections of the media that claimed that police had defied the High Court by refusing to release Mukoko to hospital for treatment.

"We have been advised by the Attorney- General's Office that they have noted an appeal against the High Court order issued on Wednesday," Snr Asst Comm Bvudzijena said in an interview.

"We are further advised that the noting of the appeal has an effect of suspending the High Court order. We are still holding them in custody until the appeal is heard."

The suspects -- all MDC-T activists -- stand accused of plotting to engage in training activities related to banditry.

The defence team had asserted that some of the detainees had been held for 55 days without being charged and/or brought to court.

Ms Beatrice Mtetwa, who represented the suspects in a Chamber application hearing, reportedly accused the police of ignoring the court order by keeping her clients in custody despite the court ruling.

In his ruling, Justice Omerjee ordered that Mukoko, the director of the Zimbabwe Peace Project, and eight others were to be released to the Avenues Clinic under police guard until December 29 when they would appear at the magistrates' court for a ruling on their application for refusal of remand.

The other eight are Broderick Takawira, Gandhi Mudzingwa, Andrison Shadreck Manyere, Zacharia Nkomo, Mapfumo Garutse, Chinoto Zulu, Regis Mujeyi and Chris Dhlamini.

While in hospital, they were to have access to their lawyers and blood relatives.

They were to be released to the private hospital, which was their choice, after they alleged they had been mistreated while in detention.

Twelve others were to be released immediately, also on the basis of a previous High Court order -- Violet Mupfuranhewe, Fidelis Chiramba, Collen Mutemagau, Concilia Chinanzvavana, Emmanuel Chinanzvavana, Fanwell Tembo, Larry Gaka, Pieta Kaseke, Terry Musoni, Agrippa Kakonda, Nigel Mutemagau and Lloyd Tarumbwa.

Justice Omerjee also ruled that the detention of 11 others, who have yet to be brought to court, was illegal as previously ruled, and that they should be released forthwith.

These 11 are Pascal Gonzo, Gwenzi Kahiya, Lovemore Machokota, Charles Muza, Tawanda Bvumo, Ephraim Mabeka, Edmore Vangirai, Peter Munyanyi, Bothwell Pasipamire, Graham Matehwa and a Mr Makwedzadzimba.

Mukoko, Mupfuranhewe, Concilia and Emanuel Chinanzvavana, Kaseke, Takawira, Chiramba and Matemagau had been remanded in custody when they appeared before Harare provincial magistrate Mr Mishrod Guvamombe earlier on the same day.

Mr Guvamombe remanded them in custody to December 29 pending the High Court ruling after the defence team lodged an urgent Chamber application, which culminated in the order compelling the State to release the suspects.

The State's case is that in April this year Manuel recruited Ricardo Hwasheni, a police constable based at Waterfalls in Harare, to undergo military training in Botswana with a view to forcibly deposing the Government and replace it with one led by Morgan Tsvangirai.

Manuel allegedly tasked Hwasheni to recruit four other policemen, promising them US$2 000 each.

Later, it is alleged, Manuel and Kaseke, who is Hwasheni's cousin, went to MDC-T's headquarters at Harvest House, where a man identified only as Josen interviewed Hwasheni.

After the interview, Josen allegedly told Hwasheni that he would hear from him within two weeks or that Mukoko would contact him.

It is the State's case that Hwasheni met Mukoko at her offices in Milton Park in Harare where she further interviewed him before handing him over to Takawira, who told him that he would be contacted within two weeks.

According to the State papers, a man who had been sent by Mukoko met Hwasheni at Girls' High School in Harare and gave him 200 pula and some Zimbabwean dollars for transport to Botswana where he was to meet a man known as Special.

Hwasheni allegedly crossed into Botswana in July through the Plumtree border post and met Special at Ramokgwebana Border Post.

Special took Hwasheni to a military camp in Botswana where he underwent training in the use of FN and AK rifles, military tactics as well as political lessons together with five other MDC-T recruits, it is alleged.

There were, according to the State, 50 other recruits undergoing military training in the same camp.

Hwasheni allegedly returned to Zimbabwe with specific instructions to study the mood of junior police officers in as far as loyalty was concerned and the mood of the public towards Government.

When he was arrested Hwasheni implicated Mukoko, Takawira, Manuel, Kaseke and Zimbudzana.

The other four -- Concilia, Chiramba, Violet and Mutemagau -- are being accused of recruiting people for training under the National Youth Symposium Training Programme in Botswana in July.

See also The Guardian: Police accused of torturing jailed activists