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Mukoko stays in custody
The Herald
December 30, 2008

http://www.herald.co.zw/inside.aspx?sectid=1984&cat=1

A Harare magistrate yesterday ruled that former ZBC news anchor Jestina Mukoko and three suspected MDC-T activists should receive medical treatment from doctors of their choice while in remand prison.

Mukoko and Broderick Takawira, who are being accused of recruiting people for military training in Botswana, and two others — Regis Mujeye and Garutsa Mapfumo — who allegedly assisted some suspects to evade the police, were granted the application after alleging torture while in police custody.

The quartet had been released to the Avenues Clinic for treatment by the High Court last week, but remained in custody after the State lodged an appeal to the Supreme Court challenging the ruling.

The defence team, led by Mrs Beatrice Mtetwa and Mr Charles Kwaramba, had applied for the magistrate to uphold the High Court order by releasing the suspects to the Avenues Clinic where they were to be examined and treated by their doctors of choice.

Mr Guvamombe invited two representatives from both the defence and State for a discussion in his chambers before he returned to read the ruling on the medical needs of the suspects.

The court would tomorrow rule on Mukoko and her nine alleged accomplices' application for refusal of remand on the basis of the two High Court rulings that ordered their release.

For the State, Mrs Florence Ziyambi maintained that the prosecution's appeal that was pending at the Supreme Court automatically suspended last week's High Court order that compelled the police to release the suspects and that they should remain in remand prison.

She said the order was directed to the police, while the suspects were then in the custody of the Zimbabwe Prison Services and it had no effect on the State.

But Mr Kwaramba counter-argued that the appeal filed last week was defective as it was filed in the High Court instead of the Supreme Court.

He charged that the State was approaching the court with dirty hands as they did not release the suspects as ordered by the court on the strength of a "defective" appeal.

Mr Kwaramba said the appeal was wrongly filed on Thursday and later withdrawn and filed with the Supreme Court yesterday.

He said the police should be held to be in contempt of the High Court describing the appeal as ''one of the hurdles calculated at delaying justice''.

Responding to the defence's submissions, Mrs Ziyambi said the State had no option but to temporarily file the document with the High Court as proof that they had prepared it within the required time as the Supreme Court clerk, who had the keys, was away.

Meanwhile, Mrs Mtetwa has filed another application in the High Court seeking the urgent release of Mukoko and Takawira on the basis that they had been unlawfully detained.

She also sought an order compelling the Attorney-General and the Police Commissioner-General to bring before the High Court the people who handed them the "abductees" and to explain why they did not arrest those "kidnappers".

Mrs Mtetwa said the AG and the police should have done their duty by arresting and prosecuting the people they claim to have been holding the suspects.

She is also demanding testimony of the army doctor who examined Mukoko while in custody in the High Court. According to Mrs Mtetwa, the doctor should disclose the person who called him to attend to her.

The appeal also seeks to interdict the AG from prosecuting the case until the alleged illegalities are dealt with.

The case is set for hearing in the High Court.

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