Story By Rosina John
The Citizen Correspondent
Fifty-two supporters of Muslim cleric Ponda Issa Ponda board a Prisons Department bus at Dar es Salaam’s Kisutu Resident Magistrate’s Court yesterday after they were each handed a one-year jail sentence for rioting last month to press for Sheikh Ponda’s release on bail. PHOTO | FIDELIS FELIX
They faced three counts each in total but Resident Magistrate Sundi Fimbo said the sentences would run concurrently, meaning they would serve only a year behind bars.
But Mr Waziri Omary Toy walked out of court a free man after the prosecution failed to prove the charges against him.
The men had been accused of conspiracy, unlawful assembly and rioting. They were arrested on February 15 this year after they took to the streets with the aim of putting pressure on the director of public prosecution to release on bail the secretary-general of the Council of Muslim Organisations, Sheikh Ponda, and Mr Mukadamu Swalehe.
Mr Ponda and his co-accused were accused of invading private property belonging to Agritanza Company situated at Chang’ombe Marcas.
Magistrate Fimbo said that after considering the testimonies of 10 witnesses, he was satisfied that the prosecution had proved the charges beyond reasonable doubt. “The Court is satisfied with the evidence that proves the charges against the accused, except for Accused No 48, whom I hereby set free,” the magistrate ruled.
The prosecution, led by State Attorney Ladislaus Komanya with the assistance of Peter Mauggo, had earlier asked the court to punish the accused “accordingly”. But the advocate representing the accused, Mr Mohamed Tibanyendela, asked the court for lesser punishment, considering that the accused are first offenders and they have families that depend on them.
During the hearing of the case, which started last month, the prosecution produced 10 witnesses along with 12 exhibits including knives and placards with messages appealing to the DPP to withdraw his order denying bail to Mr Ponda and Mr Swalehe.
The case of Mr Ponda and his 49 followers continues. He and his followers were arrested in October last year and charged with five counts, including invading private property.
On March 5, the Kisutu Resident Magistrate’s Court declared that the cleric and his co-accused had a case to answer. According to the charge sheet, Mr Ponda and 49 others broke into the land belonging to Agritanza on October 12 last year.
In her ruling, Resident Magistrate Victoria Nongwa said evidence produced in court, along with testimonies from 17 witnesses, established the case against the accused, who must defend themselves on why they were at the plot.
“After passing through evidence adduced by the prosecution, I found all the accused have case to answer in all charges,” she said in a March 5 ruling.
“After passing through evidence adduced by the prosecution, I found all the accused have case to answer in all charges,” she said in a March 5 ruling.
Source: The Citizen
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