Sheikh Ponda Supporters in Freedom Bid

THE advocate representing 52 followers of the controversial Muslim Sheikh Ponda Issa Ponda, asked the High Court to quash and set aside both conviction and the three years imprisonment sentences passed against his clients by the Kisutu Resident Magistrate's Court.

The advocate, Mohamed Tibanyendela, told Judge Salvatory Bongole at the High Court in Dar es Salaam that the trial magistrate erred on a number of facts in convicting his clients on three criminal charges and sentencing them to serve a one year jail term for each count.

On March 21, this year, a 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 after proclamation and sentenced each of them to the said custodial sentence.

The prosecution had told the court that a section of people, among the convicts, believed to be supporters of Sheikh Ponda had planned demonstrations to pressurize the Director of Public Prosecutions to rescind his certificate he had filed to object bail to the Muslim Sheikh for security grounds.

But in his submissions, Advocate Tibanyendela faulted the findings by the trial magistrate, alleging that the offences against his clients were not proved by the prosecution through its 10 witnesses 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. "The 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 gave an example of the offence of conspiracy for which he submitted that after the trial magistrate had purported to have convicted his clients on offences of unlawful assembly and rioting after proclamation, the offence of conspiracy then collapsed automatically.

The convicts 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.

The rest 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.

Others 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 line of defence evidence given by each convict, who purportedly claimed that they never participated in conspiracy and taking part in any kind of demonstrations 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 Crime Officer of the Dar es Salaam Police Special Zone, Assistant Commissioner of Police (ACP) Ahmed Msangi.

The magistrate said the witness had accounted how a section of Muslims had written a letter to ACP Msangi) to conduct demonstrations to the DPP to pressurize him to rescind his certificate, objecting bail to Sheikh Ponda, a request which was rejected.

"This evidence and the letter show that there was an agreement to hold the demonstrations after the Friday players, which were subsequently banned. The accused were also found with placards for the demonstrations. This shows that these people met and had a common purpose," she ruled.