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.
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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