BY SAMSON FRIDOLIN
15th August 2013
The charges were read to him yesterday afternoon as he lay in the hospital bed still recuperating, from a wound on his right arm.
Speaking at a news conference held after the charges were levied, his defense lawyer, Juma Nassoro revealed that the case file is with the Kisutu Resident Magistrate’s Court under Magistrate Hellen Riwa.
According to Nassoro, controversy surrounds the whole ordeal since he and his client were expecting a special police commission to interrogate the Sheikh but instead, Public prosecutor Tumaini Kweka showed up and read the charges.
The scheduled interrogation was set for August 14 by the Police Headquarters and was to take place at the Central Police Station during which it was expected that police would inquire as to Sheikh Ponda’s involvement in the alleged breach of peace in Zanzibar and Morogoro.
To compound the controversy, on the set date (yesterday) and time, defense attorney Nassoro and colleague were present at the hospital to meet the interrogation team, who apparently never showed up.
As a result, they resolved to attend other matters that demanded their attention only to return and find reports of the charge, read to Ponda in their absence.
“…we are opposing the counts levied against our client…we have contacted the Human Rights Commission,” said Nassoro.
The defense team is also opposing the very committee that was formed by the police to investigate the shooting saga arguing that it poses a conflict of interest since according to Nassoro, it is the police force that is the accused perpetrator.
Public prosecutor Kweka maintains that Sheikh Ponda committed the said offence between June 6th and August 11th in different locations across the country.
On May 9 this year, Sheikh Ponda (54) was released from custody where he was being held on similar charges. The release was conditional and demanded that Sheikh Ponda refrain from any criminal offence for a period of not less than 12 months violation of which would constitute a crime.
The court at that time also released 49 others who were, together with Ponda, facing five counts, along with instigating violence they were also charged with trespassing and destruction and theft of property worth some 59m/-.
The incident that led to those charges was the invasion of land at Chang'ombe Markas, Temeke District, and the property of Agritanza Company on October 12 2012. Magistrate presiding over that case, Victoria Nongwa found Ponda guilty on the second count of trespassing as testified by the accused himself.
However, last week (August 10) police in Morogoro accused Sheikh Ponda of violating terms of his release alleging he was conducting ‘provocative religious gatherings.’
After conflicting information on the condition and whereabouts of the Muslim cleric after the scuffle with police, Sheikh Ponda resurfaced on Sunday badly wounded and at which point he was admitted to the Muhimbili Orthopaedic Institute (MOI).
It is understood that he sustained his wound (right hand shoulder) during clashes with police but until now doctors are yet to release information as to the cause of the wounds, meanwhile speculations are pointing at gun shot wound by police.
SOURCE: THE GUARDIAN
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