Ponda denied bail

By The guardian reporter

Sheikh Ponda Issa Ponda is escorted by Prison wardens after he arrived at the Morogoro Magistrate Court yesterday. (Photo: Ashton Balaigwa)

 

Morogoro Magistrate Resident Court yesterday denied bail to the Secretary of the Council of Islamic Organisations Sheikh Ponda Isa Ponda who is charged with several counts including convening provocative religious gatherings, instigating violence between the government and its people and failure to abide by a court order.

The court ruling came after Resident Magistrate, Richard Kabate examined advice by Director of Public Prosecution through the State Attorney, Bernard Kongola, who requested the court on August 28, 2013, to deny granting bail to the accused in the best interest of the nation.

Lead defence lawyer, Juma Nassoro, made another application to scrap off the failure to abide by a court order count – arguing that the court had no jurisdiction to listen to such case.

He argued that the count has risen as a result of earlier judgment by the Kisutu Magistrate Resident Court that gave the accused conditional discharge, not to commit any offense within a period of 12 months.The application stirred up debate between the prosecution and the defense which prompted the magistrate to adjourn the case until October 01, 2013.

On this date, the court will examine its jurisdiction to listen to the case and whether the charge should be dropped down and transferred back to the Kisutu Magistrate Resident Court in Dar es Salaam.

On August 10 this year, Police in Morogoro Municipality accused the sheikh of violating terms of his release by conducting a ‘provocative religious gathering.’

On August 11 the sheikh was hospitalized at the Muhimbili Orthopaedic Institute’s ward with a severe wound on his right arm shoulder suspected to be from a gunshot. August 14, while still in hospital, the government charged him with one count of instigating violence.

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 refrains 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, one of them being inciting violence.

SOURCE: THE GUARDIAN