Ponda in remand after release from hospital

BY SYLIVESTER DOMASA

16th August 2013

Sheikh Ponda Issa Ponda leaves the Muhimbili Orthopaedic Institute (MOI) under police escort shortly after being discharged yesterday.

The secretary of Council of Islamic Organisations, Sheikh Ponda Isa Ponda, was discharged from Muhimbili National Hospital (MNH) yesterday, only to be taken to Segerea remand prison.

This is barely a day after the government read incitement charges against the cleric who was serving a conditional sentence.

Speaking to The Guardian on the phone yesterday, the cleric’s defence lawyer, Nassoro Juma, said his client was remanded at Segerea.

While recovering from a bullet wound at Muhimbili Orthopedic Institute (MOI) Hospital in Dar es Salaam, Ponda was charged on Wednesday with at least one count of instigating violence.

Reading the charges to at his hospital bed, before Kisutu Resident Magistrate Hellen Riwa, Senior State Attorney Tumaini Kweka said between June 2 and August 11 this year, at different places within the country, the cleric did incite violence. The case is scheduled for mention on August 28.

On August 10 this year, police in Morogoro Municipality accused the sheikh of violating terms of his release alleging that he was conducting ‘provocative religious gatherings.’

After conflicting information on the condition and whereabouts of the Muslim cleric following the scuffle with the police, Sheikh Ponda resurfaced on Sunday nursing a wound at MOI.
It is understood that he sustained the wound on the right hand shoulder during clashes with the police but until his release doctors were yet to issue a report as to the cause of the wounds.

Meanwhile speculations have been rife in the city and environs that the police were behind the bullet wound.

Yesterday, at around 6.45 in the morning, The Guardian reporter saw police officers in a Land-Cruiser with registration number T 140 BLA at the hospital premises.
And then at around 10 o’clock, the reporter saw Ponda being taken out of the ward into the car which then sped off.

Ponda’s family said the police had violated a court order.

Speaking to The Guardian at the scene, Sheikh Ponda’s wife, Khadija Ahamadi, said she was surprised by the police decision to remand her husband, adding that there was undue pressure on the doctor to discharge the cleric.

“I think pressure was put on the doctor to discharge my husband. It doesn’t make sense to take such a seriously ill person into custody. He is still unwell, that is why he was still undergoing treatment,” she lamented.

Kjadija said before he was driven away, the police came into the ward together with a doctor (not the one who was attending him).
The medical practitioner made a brisk examination of the patient and gave a discharge note, she said.

For his part, Ponda’s cousin, Isihaka Rashid said he would present the matter before the council.

“Police have ‘kidnapped’ the patient. We had agreed that other things would follow after treatment. They have violated the agreement. This is ‘kidnapping.’ The patient has left his drugs in the ward. Imagine!” he lamented.

Rashid who is also a spokesperson of the family said they were arranging for a meeting with Ponda’s co leader, Alhaj Sheikh Mussa Kundecha.

Contacted for clarification, Head of Ponda’s legal team Advocate Juma Nassor said the police violated the court order, as they were required to go to the Kisutu Resident Magistrate’s Court to seek warrant that would mandate them to shift Ponda from the hospital.

“Given that yesterday (Wednesday) it was ordered that my client should be under tight security, they were required to notify me of any changes but they never did this,” he alleged.

Nassor described the decision by police to take away Ponda as ‘inhuman’. The lawyer said Ponda’s wounds still need special medical attention.

On May 9 this year, Sheikh Ponda (54) was released from custody where he was being held on charges of instigating violence. The release was conditional and demanded that he refrain from any criminal offence for a period of not less than 12 months.

The court at that time also released 49 others who were, together with him, facing five counts, along with instigating violence.

They were also charged with trespassing and destruction and theft of property worth some 59m/-.

Meanwhile in an interview with British Broadcasting Corporation (BBC) Police spokesperson Advera Senso said the police force had detained for questioning one of the police officers who fired in the air in Morogoro where Ponda’s followers were alleged to have clashed with the police.

Earlier The Guardian called Police Spokesperson, Senior Superintendent Advera Senso, to inquire about Ponda’s where abouts. But she replied:

“Ponda’s case is in court and once one is charged, he is taken to remand prison. I am not the court’s spokesperson and cannot name the remand prison where Ponda is being held,” Senso told the reporter on phone.

SOURCE: THE GUARDIAN