Court wants Uamsho duo re-arrested

By Mwinyi Sadallah, The Citizen Correspondent

In Summary

The two, Sheikh Azan Khalid Hamdan and Sheikh Mussa Juma Mussa, were bailed out on February 27, 2014 after the High Court eased bail conditions.

Zanzibar. The Court of Appeal in Zanzibar has ordered re-arrest of two leaders of the Association for Islamic Mobilisation and Propagation (Uamsho) after they failed to appear in court yesterday.

The two, Sheikh Azan Khalid Hamdan and Sheikh Mussa Juma Mussa, were bailed out on February 27, 2014 after the High Court eased bail conditions.

The Zanzibar Director for Public Prosecutions (DPP) filed an appeal to challenge the procedures used to grant them bail. The defendants face charges of destruction of property and breach of peace.

However, the two suspects did not show up in court. The case therefore could not be heard in their absence and instead the bench of three judges, who are presiding over the appeal, ordered their re-arrest.
The three judges who are attending to the case include Judge Mbarouk Salim Mbarouk, Bernard Michael Luanda and Sauda Mjajiri.

Judge Mbarouk said that the accused should be informed to report to court through letters and that the matter should be advertised in the media including newspapers in both Zanzibar and Tanzania Mainland.

He said the two were supposed to appeal in court during the mentioning of the appeal before judgment.

“The court has been satisfied by public prosecutor, Ms Raya Mselem’s arguments on the matter, and it has therefore decided that the two should be found and brought to court,” he said.

He said, the case will come for another mention after the arrest of the two.

Earlier, the public prosecutor, Ms Mselem said the DPP office was ready to fund the advertising and search of the two suspects so that they can appear in court.

For his side, the defence lawyer, Abdallah Mohamed said he stopped defending the accused since October 1, 2014 after losing communication with them.

In February, the High Court Judge Fatma Hamid Mahmoud eased bail condition for the suspects. Earlier, bail conditions required suspects to pay Sh25 million in cash and present three civil servant guarantors.

However, Judge Mohmoud ruled that they would not have to pay Sh25 million each in cash and could instead pledge the amount. They were also required to present one guarantor who is a civil servant and immovable property valued at Sh25 million.

Judge Mahmoud said she was convinced that the defendants were poor and unable to get either the cash or three guarantors who are civil servants.

Their lawyer asked the court to drop the requirement that his clients refrain from religious reminders in and outside mosques, saying that reminders are part of worship and they are religious leaders. He also requested the court to drop the restriction barring them from travelling outside Zanzibar.

The judge said the ruling was delivered in accordance with Section 11 (1) of the Zanzibar Constitution, which stipulates that all persons are equal before the law and are entitled, without any discrimination, to protection.

Others who are accused in the case include Mr Faridi Hadiy Ahmed, Mr Mselem Ali Mselem, Mr Suleiman Juma Suleiman, Mr Khamis Ali Suleiman, Mr Hassan Bakari Suleiman, Mr Gharib Ahmada Omar, Mr Abdalaah Said Ali and Mr Fikirini Majaliwa Fikirini.

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