BY KARAMA KENYUNKO
20th August 2013
The Muslim cleric appeared before the Morogoro Resident magistrate’s court at 11.26am after being flown from Dar es Salaam to Morogoro by a police chopper.
He faced additional charges of convening provocative religious gatherings and instigating violence between the government and its people.
Morogoro Zone State Attorney Bernard Kongola, alleged that Ponda committed the offences on August 10, this year at Kiwanja cha Ndege Primary School in Morogoro Municipality.
In the evening of the material day, Ponda is alleged to have uttered the following words: “The government decided to deploy the army to deal with gas demonstrators, injuring and killing wananchi simply because 90 percent of Mtwara residents are Muslims.”
Ponda is also alleged to have said: “Fellow Muslims, do not allow security groups to be formed for the mosques, for they will be constituted of National Muslim Council (Bakwata) followers. You all know very well that Bakwata is the mouthpiece of the ruling Chama Cha Mapinduzi (CCM) and the government.
If they introduce themselves to you, welcome them into the mosques and beat them hard.”
The two defence lawyers, Bartholomew Tarimo and Ignas Punge denied all the charges, but they were not allowed to apply for bail.
The prosecution objected to bail saying Ponda was already serving a conditional discharge and also faced other charges.
Punge, who led the defence team, said they were preparing to obtain bail for their client.
The prosecution said investigations into the case were complete and demanded that Ponda reappear in court on August 28, this year.
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.’
This was after a scuffle with the police after which he disappeared, leading to conflicting information on his condition and whereabouts. He resurfaced on August 11 at the Muhimbili Orthopaedic Institute’s ward where he was nursing a wound on his right arm.
While still hospitalised at MOI on August 14, the government charged him with one count of instigating violence.
Reading the charges on 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 was then scheduled for mention on August 28, this year.
Ponda (54) was released from custody three months ago where he was being held also 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.
At that time, the court also released 49 others who were, together with him, facing five counts, along with inciting violence.
Meanwhile the Director of Public Prosecutions (DPP) yesterday withdrew the charges against Sheikh Ponda.
The charges were withdrawn by Senior State Attorney Tumaini Kweka before Resident Magistrate Hellen Riwa at the Kisutu Resident Magistrate’s Court in Dar es Salaam but Sheikh Ponda was later arrested and flown to Morogoro where he was charged again.
SOURCE: THE GUARDIAN
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