Rule of Law: `Uamsho` leaders arraigned, denied bail

BY CORRESPONDENT

Seven leaders of the Islamic Revival Forum (Uamsho), including Sheikh Farid Hadi Ahmed, yesterday appeared before Mwanakwerekwe District Court in Zanzibar where they were charged with several counts including incitement, causing chaos, and breach of peace and misunderstandings in the Isles.

Besides Farid, other leaders are Sheikh Mselem Ali Mselem (52) of Kwamtipura, Sheikh Mussa Juma Issa (37) and Suleiman Juma Suleiman (39) of Makadara, Sheikh Azzan Khalid Hamdan (43) of Mfenesini, Hassan Bakari Suleiman (39) of Tomondo and Khamis Ali Suleiman.

The security at Mwanakwerekwe area was tight and before the accused leaders were arraigned all people who came to the court were ordered to vacate the premises immediately.

Public Prosecutor Maulid Ame Mohamed reading the charges claimed that in August 17, this year at 5pm, the leaders allegedly incited and caused chaos contrary to Sections 45(10)(a) and (b) of the Criminal Procedures Act Number 6 of 2004.

While at Magogoni Msumbiji Mosque, he claimed, the accused committed the offence of incitement resulting in breach of peace, death and misunderstandings against the Zanzibar government.

A serious disagreement emerged after the defence lawyer, Abdallah Juma Mohamed, asked the court to set his clients free and throw the case overboard on grounds that it was filed contrary to Sections 45(1)(a) and (b) of the Criminal Procedures Act.

The law does not allow prosecution of any person before the Director of Public Prosecutions issues a permit to prosecute them, he alleged, blaming the prosecution side over its failure to disclose the permit before the court.

The objection was however thrown away after the court discovered that all the procedures of filing the case were observed and the DPPs permit was handed to the court.

Magistrate Msaraka Ame Pinja showing the permit that was handed to him ordered the accused to answer their charges.

Other objections raised by defence were production of the charge sheet and the fact that his clients should have reduced bail conditions.

The accused were asked to provide sureties who are civil servants, letters from shehas and the financial capability of the accused in case they will be required to pay cash in lieu of bail.

However, the accused’s advocate, Suleiman Salum said it would be difficult for civil servants to volunteer as sureties for the suspects due to the prevailing fear in the Isles.

Salum also requested the Court to bail out his clients as they are not facing murder charges.

Refuting the prayer for bailout, State Attorney Maulid Ame Mohamed said civil servants were not scared to bail the suspect because the case against ‘Uamsho’ has been filed by their employer, the government.

Ruling, Magistrate Msaraka Ame Pinja said the suspects are entitled for bail but the court is not in a position to decide whether to grant them bail or not.

In the circumstances, he adjourned the case to October 25, this year when the case will come up for another mention. Some primary and secondary school students called upon the Zanzibar President, Dr Ali Mohamed Shein to take stringent measures against ‘Uamsho’ followers saying activities of the organization has affected them academically.

Before arraignment, ‘Uamsho’ leaders spent two days in the hands of the police as they underwent interrogation.

Sheikh Ahmed was seized for questioning on Saturday when he resurfaced on Friday, after vanished for four days.

The ‘Uamsho’ group has been associated with violent clashes, threatening non Muslims and burning churches in the Isles.

The group is also alleged to be conducting campaigns against the Union, pushing for the government to conduct opinion polls on whether Zanzibaris would like to remain in the two tier set up and attempting to prevent the masses from airing their views to the Constitutional Review Commission.

Meanwhile, Police in Dar es Salaam have said that not all the suspects of the last week’s religious based fracas in the city will appear before the court as investigations to identify the perpetrators was underway by various state organs. Dar es Salaam Special Zone Police Commander, SCP Suleiman Kova told The Guardian yesterday over the phone that about 53 suspects were arrested by the police on Friday but his force was still investigating to establish those who were involved in the mayhem.

Commander Kova said the sorting out process followed complaints that some of those arrested were not engaging in the chaos.

He however said that after completion of the investigation, the file will be sent to the zone’s principal state attorney for approval.

SOURCE: THE GUARDIAN (23/10/2012): http://www.ippmedia.com/frontend/index.php?l=47205