"Fiat Justitia Ruat Caelum"

TANZANIA: Case against Ponda for hearing on November 29

BY KARAMA KENYUNKO


The Kisutu Resident Magistrate Court yesterday set free one accused Rashid Omary in the case facing Sheikh Issa Ponda and 49 others and substituted the charge by adding Mkadam Swalehe in the case.

The court also read the preliminary hearing to the 50 accused and set November 29, this year as the hearing date. 
  
Omary was set free after the prosecution led by Principal State Attorney Tumaini Kweka informed the court that the Director of Public Prosecution (DPP) informed the court that he has no intention of pressing charges against the accused number 35 in the case.

Ponda (54) and 49 others are prime suspects in five criminal counts including stealing of property worth up to 59m/- and inciting the commission of an offence.

The leader of council for Muslim Organization and Association of Tanzania, Mukadam Abdallah Swalehe (45),  brought before the court earlier last week .

Reading the new charges against the accused Kweka alleged that on October 12, this year, the accused conspired to commit an offence.

 He claimed that on the same date and place the accused in a violent manner and without colour of right the accused trespassed on a piece of land belonging to Agritanza Limited in order to take possession of the same.

On the third count, he alleged that between October 12 and 16, this year, in the same place, the accused without right and in a manner likely to cause a breach of the peace did hold possession of the land that lawfully belonged to Agritanza Limited.

The principal state attorney further claimed that the accused on the material day stole various building materials — 1,500 bricks and 36 tons of iron bars all valued 59,650,000/-, property of the company.

On the last count, it was alleged that Ponda and Swalehe purported to be the secretary and leader of the council for Muslim organization and Associations of Tanzania incited his followers to commit the offences.

Ponda and Mkadam were remanded in custody after the Director of Public Prosecution (DPP) filed a ‘certificate of urgency’ to expedite the proceedings, which the court has no power to overturn.

SOURCE: THE GUARDIAN (16/11/2012): http://www.ippmedia.com/frontend/index.php?l=48063

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