Judgment on Ponda's 52 followers

Sheikh Ponda Issa Ponda

THE High Court is today expected to deliver its judgment on the appeal lodged by 52 followers of the controversial Muslim cleric, Sheikh Ponda Issa Ponda, challenging conviction and the three-year-jail sentence passed against them by the Kisutu Resident Magistrates’ Court.

On March 21, this year, Senior Resident Magistrate, Ms Sudi Fimbo, convicted the 52 alleged supporters of the Secretary General of the Council of Islamic Organization of conspiracy, unlawful assembly and rioting and sentenced each of them to the said custodial sentence.

The prosecution had told the court that some people, including the convicts, believed to be Sheikh Ponda’s supporters, had planned a demonstration to pressurize the Director of Public Prosecutions to rescind a certificate he had filed to object to bail for the Muslim cleric on security grounds.

However, during hearing of the appeal on August 12, this year, defence advocate Mohamed Tibanyendela told High Court Judge Salvatory Bongole that the trial magistrate had erred on a number of facts in convicting his clients.
The defence counsel faulted findings by the trial magistrate, alleging that the offences against his clients were not proved by the prosecution to the required standard in criminal cases.
He told the court that material witnesses were not called, an omission which he requested the court to draw an inference to the prosecution’s case.

“Failure by the prosecution to call material witnesses raises serious doubts. The court has no other option than discharging the appellants,” he submitted.

Mr Tibanyendela cited the example of the offence of conspiracy which, he submitted, after the trial magistrate had purported to have convicted his clients of offences of unlawful assembly and rioting after proclamation, which are substantive counts, the offence of conspiracy collapsed automatically.

The appellants are Salum Makome, Said Idd, Ally Nandumbi, Hussein Athuman, Seif Rwambo, Abdul Ally, Waziri Swed, Naziru Waziri, Ahmed Rashid, Jumanne Kayogola, Hamis Tita, Amri Digaga, Salim Said, Rajabu Mpote, Haji Sheluhenda, Abdul Ahmed, Bakari Mwambale, Ramadhani Fadhili and Awalu Juma.

Others are Omar Mkwama, Kassim Chobo, Abubakar Bakari, Ramadhani Milambo, Athumani Juma, Abdallah Salim, Juma Makoti, Bashir Kakoti, Iman Omari, Rashid Lukuta, Bakari Athumani, Mbwana Kassimu, Nurdin Ahmed, Mustapha Mohamed, Rajab Kifundo and Zuberi Juma.

The rest include Omar Mkhandi, Idrisa Katulimo, Samali Mola, Said Dudu, Ramadhani Juma, Musa Sinde, Issa Sobo, Yahaya Salim, Jabir Twahir, Shemani Pilimo, Hashimu Henrishi, Athumani Yahaya, Yassin Selemani, Shaban Malendo, Yassin Mohamed, Khatibu Abdallah and Rajab Rashid.

In her judgment, Magistrate Fimbo had rejected the defence evidence given by each convict, who claimed that they never participated in conspiracy and taking part in any kind of demonstration, ruling that their testimony was full of contradictions.

To the contrary, the magistrate noted, the prosecution’s evidence was very clear regarding the charges against the convicts, citing the testimony given by the Dar es Salaam Police Special Zone Crimes Officer, Assistant Commissioner of Police (ACP) Ahmed Msangi.

The magistrate said the witness had recounted how a section of Muslims had written a letter to ACP Msangi notifying him of their planned demonstration to the DPP’s office to pressurize him to rescind his certificate objecting to granting bail to Sheikh Ponda, a request which was rejected.

 “This evidence and the letter show that there was an agreement to hold a demonstration after the Friday prayers, which was subsequently banned. The accused were also found with placards to be used during the demonstration. This shows that these people met and had a common purpose,” she ruled.

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BRAKING NEWS: TZ veteran journalist Julius Nyaisanga dies

A veteran news anchor and journalist, Julius Nyaisanga, 53, alias ‘Uncle J’ died on Sunday at the Mazimbu hospital in Morogoro municipality.

Uncle J died from long illness related to diabetes and hypertension.

Before his death,Nyaisanga was the manager of the Morogoro-based Abood Media.

Briefing reporters, official of the Abood Media, Abed Dogoli said Nyaisanga died on Sunday at around 7am at Mazimbu Hospital, where he was hospitalized.

Dogoli said the body of Nyaisanga is to be ferried to Mara region on Tuesday.
Nyaisanga worked with Radio One of IPP Media and Radio Tanzania Dar es Salaam (RTD). He also worked as a stringer with Radio Deutsche Welle (DW), Germany.

The late Nyaisanga survived with a wife and three children.

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Baghdad hit by wave of deadly car bombs

Footage shows the aftermath of the 13 rush hour blasts, as the BBC's Rafid Jabboori reports from Baghdad

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Struggle for Iraq

A series of car bomb blasts in the Iraqi capital, Baghdad, has killed at least 47 people and injured many more, officials say.

The blasts targeted markets and car parks in mainly Shia Muslim districts of the city.
There has been a recent upsurge in sectarian violence, sparking fears of a return to the bloodletting of 2008.
More than 5,000 people have been killed so far this year, according to United Nations data.
Monday's blasts struck during Baghdad's morning rush hour, with reports of 13 bombs, most of them in Shia neighbourhoods.
Groups of labourers gathering ahead of the working day were among the bombers' targets.
One of the deadliest attacks was reported from the eastern Sadr City district where seven people were killed and 75 injured in a crowded vegetable market.
Another six were reported killed in Shuala, a mainly Shia area of north Baghdad.
The city neighbourhoods affected also included New Baghdad, Habibiya, Sabaa al-Bour, Kazimiya, Shaab and Ur, as well as the Sunni districts of Jamiaa and Ghazaliya, the Associated Press news agency reports.
'War with terrorism'

 

Major attacks this month

• 30 September: At least 42 killed in car bombs in mainly Shia areas of Baghdad
• 21 September: At least 60 killed at funeral in Sadr City, Baghdad
• 15 September: More than 40 killed in blasts across Iraq mostly targeting Shia areas
• 3 September: At least 60 killed in mainly Shia districts of Baghdad

No-one has claimed responsibility for Monday's attacks, but Sunni Muslim insurgents have been blamed for much of the most recent violence.

The interior ministry accused rebels linked to al-Qaeda of exploiting political divisions and regional conflicts to sow violence.
"Our war with terrorism goes on," interior ministry spokesman Saad Maan told AP.
The recent upsurge in violence was triggered in April by an army raid on a Sunni Muslim anti-government protest camp near Hawija, north of Baghdad.
Many in the country's Sunni Muslim minority complain of being excluded from decision-making and of abuses by the security forces. Recent raids in Baghdad on suspected al-Qaeda hideouts in mainly Sunni districts are thought to have worsened grievances.
One of the bloodiest attacks over the past few weeks was a double bombing in a funeral marquee in Sadr City on 21 September, which left more than 60 people dead.
Several dozen people died in a wave of attacks on Sunday, including another explosion at a funeral.
A suicide bomber attacked a Shia Muslim mosque south of the city, causing the roof to collapse. More than 40 people are now known to have been killed in that incident.
Irbil, the normally stable capital of Iraq's autonomous province of Kurdistan, was hit by a series of bombings on the same day, killing six members of the security services. Officials said that violence could be linked to fighting between jihadists and Kurds in Syria.

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Kenya's Westgate siege: Number of missing reduced to 39

 

The Westgate shopping centre attack has shocked Kenya and the world

 

The Kenyan Red Cross has said the number of missing in the Westgate shopping centre attack has gone down to 39 from an earlier figure of 61.

Fourteen of the missing.....

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Date set for Popes John Paul II and John XXIII sainthood

 

 John Paul II (left) is seen as a conservative, while John XXIII is a hero for progressive Catholics

 

Pope John Paul II and Pope John XXIII will be declared saints on 27 April 2014, Pope Francis has announced.

The Pope said in July that he would canonise his two predecessors, after approving a second miracle attributed to John Paul.
Polish John Paul, the first non-Italian pope for more than 400 years, led the Catholic Church from 1978-2005.
Pope John was pontiff from 1958-1963, calling the Second Vatican Council that transformed the Church.
The decision to canonise the two at the same time appears designed to unify Catholics, correspondents say.
John Paul II is a favourite of conservative Catholics, while John XXIII is widely admired by the Church's progressive wing.
'The good pope' John Paul stood out for his media-friendly, globetrotting style. He was a fierce critic of communism, and is credited with helping inspire opposition to communist rule in eastern Europe.
John Paul has been on a fast track to sainthood since his death, when crowds in St Peter's Square chanted "santo subito" ("sainthood now").
During his own papacy he simplified the process by which people are made saints, and created more of them than all previous popes combined.
John XXIII is remembered for introducing the vernacular to replace Latin in church masses and for creating warmer ties between the Catholic Church and the Jewish faith.
He has a big following in Italy, where he is known as Il Papa Buono, the good pope.
The BBC's David Willey reports from Rome that Pope John was in many ways similar to Pope Francis, a humble, down-to-earth man with a fine sense of humour.
Two living popes are expected to be present at the canonisation ceremony: Francis, who will officiate, and Pope Benedict, who retired earlier this year.
The double canonisation will be the first in the Church's history.
Pope Francis approved John XXIII's canonisation despite the fact that no second miracle had been attributed to him - usually a requirement for sainthood.

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TRA deadline on Sim card tax elapses today

 

TRA Commissioner General Harry Kitilya 

  

Dar es Salaam. The 14-day ultimatum issued by the Tanzania revenue Authority (TRA) to mobile phone companies to remit the controversial Sim card tax elapses today.

The Finance Act of 2013 imposed a Sh1,000 monthly excise duty on Sim cards, to be deducted by mobile phone companies from customers and remit the same to TRA.

This did not go down well with mobile phone firms and opposition politicians. The firms have yet to start submitting the tax, which became effective on July 1.

In a letter dated September 12, TRA Commissioner General Harry Kitilya urged mobile phone companies to remit the cash that the firms were supposed to have deducted from airtime bought by their customers. If they failed to do so, he warned, the money would be collected “in line with the provisions of the law”.

Mr Kitilya also urged mobile phone firms to start remitting excise duty on money transfers at the rate of 0.15 per cent of the amount transferred for amounts more than Sh3,000.

source: The citizen

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Kenya's William Ruto trial: ICC judge warns bloggers

 

Witness 536 survived the massacre of more than 30 people in a church

 

A senior International Criminal Court (ICC) judge has warned Kenyan media and bloggers not to reveal the identity of witnesses at the trial of Deputy President William Ruto.

The first prosecution witness, who gave evidence on Tuesday, was not named.
But the BBC's Odhiambo Joseph in Nairobi says a local newspaper has published the photograph of a woman it claimed to be the witness.
Mr Ruto denies organising violence after the December 2007 elections.

He is charged with crimes against humanity over the violence, in which some 1,200 people died and 600,000 were forced from their homes.

ICC chief prosecutor Fatou Bensouda has previously complained that some witnesses were being intimidated in Kenya, some of whom have withdrawn from the case.

Her first witness gave evidence from behind a curtain and with her face pixelated and voice distorted on the court video.

She is being referred to as witness 536.
Our correspondent says that, after her appearance, numerous bloggers and social media entries have published her supposed name.

Kenya's Foreign Minister Amina Mohamed says President Uhuru Kenyatta and Deputy President William Ruto should not face trial

Beryl Aidi, from the Kenyan Human Rights Commission, says this may deter further witnesses from testifying.

"Now that a witness has been identified it will be difficult to assure others that they and their family members will be safe. And in Kenya, it's not just the nuclear family: There are aunts, uncles, cousins," the AFP news agency quotes her as saying.

"Witnesses are bound to feel that their family and their extended family may be in danger and might want to withdraw," she said.

The proceedings are being closely followed in Kenya.

Church attack

Presiding Judge Chile Eboe-Osuji warned that anyone revealing the identity of a protected witness could be guilty of contempt of court.

Our reporter says that the ICC does have jurisdiction in Kenya, but the situation is complicated as it would rely on political good will.

Furthermore, parliament recently voted to withdraw from the ICC, which would end the court's jurisdiction in the country.

Witness 536 broke down in court during her testimony on Tuesday.
She is said to have survived the attack on the Kiambaa Church in which about 36 people were burnt to death.

She is a member of the Kikuyu ethnic group, who were targeted by Mr Ruto's Kalenjin community, allegedly at his behest.

Mr Ruto is the first serving official to appear at the ICC.
President Uhuru Kenyatta is due to start his trial in November - he too denies the charges.

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