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Police defied a judge's order Thursday to allow the country's only independent daily newspaper to resume publishing, a lawyer for the paper's owners said.

Bill Saidi, right, editor of the Daily News On Sunday and other newspaper staff stand outside the High Court in Harare, Sept. 18, 2003, after a judge ordered that the government allow the countrys only independent daily newspaper to resume publishing. An order was also made that all confiscated equipment be returned to the newspaper offices.   [AP]

Earlier Thursday, High Court Judge Younis Omerjee had also ordered police to return confiscated equipment and allow evicted staff back into their offices.

Police shut down the Daily News last Friday for failing to register under the strict media laws imposed by President Robert Mugabe's government. Police evicted the staff, removed the newspapers computers and occupied its offices and printing plant since Friday.

Gugulethu Moyo, legal advisor for the Associated Newspaper group, the Daily News owners, said police prevented staff from returning to work in the paper's downtown Harare offices after Omerjee'sruling.

"They said they had not received the court order. This is a travesty of justice," she said. Plans to let staff publish a Friday edition were being thwarted by the police action, she added.

Omerjee ruled Thursday that authorities immediately return confiscated computers and allow the newspaper to continue publishing.

No equipment has been returned, Moyo said.

Omerjee's ruling followed an urgent application by the paper's owners to resume operations on grounds its closure was illegal.

Sam Sipepa Nkomo chief executive of the publishing group said after the ruling that The Daily News would be back on the street Friday in a small eight page edition.

"We want to have a paper tomorrow. We are working out something with our friends. Police have assured us they will cooperate," Nkomo said.

Chief Supt. Clemens Madzingo, the officer in charge of the police closure of the paper, was in court Thursday to hear Omerjee's ruling.

He told reporters then: "It is fair. We have no problem with it."

Madzingo, who remained in command at the Daily News offices late Thursday, appeared to have been overruled superiors acting under government orders.

There was no immediate comment available from police or the government.

The paper printed only one edition since the pro-government Supreme Court ruled last Thursday that the failure to register meant the newspaper was illegal.

The closing of the Daily News came amid a government crackdown on dissent as Zimbabwe struggles with an economic collapse and international isolation.

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