Sheikh Ponda Issa Ponda's Case: ‘I signed confession under duress’

Written by FAUSTINE KAPAMA.

ONE of accused charged alongside Council of Islamic Organization Secretary, Sheikh Ponda Issa Ponda, yesterday claimed to have been forced by the police to sign a confession statement under threats of being implicated in an armed robbery case.

“They (police) threatened to give me trumped up charges of armed robbery if I did not give in to their demands,” the accused, Maulid Namdeka, told Resident Magistrate Victoria Nongwa, at the Kisutu Resident Magistrate’s Court in Dar es Salaam.

The accused was giving his defence in the case in which he and 49 others, including Sheikh Ponda, are charged with conspiracy, trespass and criminal possession of property owned by Agritanza Limited on a plot situated Markaz, Chang’ombe area, in Temeke District, in the City.

Other charges, according to the prosecution, include stealing building materials from Agritanza limited including 1,500 bricks and 36 tonnes of aggregate and iron bars, all worth 59.6m/. The offences are alleged to have been committed on October 12, last year. In his evidence in chief, Namdeka admitted to have gone to the said plot in dispute for two purposes, including taking part in the construction of a mosque.

According to him, he responded to a call from “Imam” of his mosque at Yombo in Temeke District that Muslims who required the faithful to go to the area to rescue the plot. The court was told that the plot, which had been owned by the Muslim Council of Tanzania (Bakwata) was sold to Agritanza Limited in exchange of another 40 hectare plot in Kisarawe, Coast Region, a move that was strongly opposed by a section of Muslims.

Namdeka narrated that he went to the Chang’ombe plot on October 16, last year, but on the night he was arrested by the police, he said he was taken to Kijitonyama Police Station where he was forced to sign a statement recorded by the police.

In the statement that was partially ready before the court, the accused admits to most of the particulars, including being found by the police at the plot. Other accused persons who yesterday gave their defence evidence against the charge are Omari Bakari and Hamza Ramadhani. Hearing of the case continues today.

Source: Daily News (13/03/2013): http://www.dailynews.co.tz/index.php/local-news/15451-i-signed-confession-under-duress