Dar es Salaam: Key counsel withdraws from case facing Sheikh Ponda`s followers

BY KARAMA KENYUNKO.

Defence advocate Hamidu Obaidi has withdrawn from the case facing 54 people who were arrested in connection with the Muslim riots at Kariakoo area last year to demand for the release of secretary general of the Council for Islamic Organisation, Sheikh Issa Ponda.

Obaidi pulled out of the accused’s defence yesterday when the 29th witness was to testify saying he thinks he can’t do the right thing to the accused.

He told the court that he would like to withdraw as the accused’s defence because defence hearing has been is going on daily, saying that he might not have enough time to cross check with the accused before testifying. 

Granting the prayer, Presiding Resident Magistrate Sundi Fimbo adjourned the case until Monday when it will come up for the accused to continue testifying.

The accused are charged with conspiracy, unlawfully assembly, rioting after proclamation and incitement.

Among the accused are Salum Makame, Said Iddy and Ally Nandumbi.

Accused Makame, Iddy and Nandumi were ordered to stay in remand because the Director of Public Prosecutions (DPP) had produced certificate under Section 148 (4) of the Criminal Procedures Act Cap 20 as amended in 2002 prohibiting them bail.

It was alleged that on February 15, this year at Ilala District in Dar es Salaam, the accused conspired to commit the offence.

In the second count it was alleged that, on the same date and place, the accused, with intent to carry out a common purpose did assemble in manners to cause a breach of peace and tranquility. 

He further alleged that in the third count, it was alleged that, on the same date and place the accused engaged in a riot without regard to the lawful proclamation issued by the police prohibiting them to unlawful assemble.

In the last count, it was alleged that the accused Makame, Iddy and Nandumi incited other member of the public to make unlawful procession by distributing leaflets and placards that were intended to cause others to riot. 

All the accused are still in prison after the DPP refused the court to grant them bail.

 SOURCE: THE GUARDIAN (08/03/2013): http://www.ippmedia.com/frontend/index.php?l=52079