Thursday, 15 August 2013

Ponda charged as he lies on hospital bed

  

Riot police line up the corridor of the ward where Sheikh Ponda Issa Ponda was admitted at the Muhimbili Orthopaedic Institute in Dar es Salaam yesterday after the cleric was charged with incitement. PHOTO | MICHAEL JAMSON 
By Katare Mbashiru  (email the author)

Posted  Wednesday, August 14  2013 at  21:43
In Summary
The cleric, admitted to Muhimbili since Sunday, was allegedly hit by a sharp object in Morogoro at the weekend. His family and followers claim he was shot, but the police have denied it.


Dar es Salaam. Sheikh Ponda Issa Ponda was yesterday charged with incitement as he lay in his hospital bed at the Muhimbili Orthopaedic Institute (MOI).
The controversial cleric will, however, remain in hospital but under police guard, for his case has been adjourned to August 28 when it will come up for mention at the Kisutu Resident Magistrate’s Court.
There was drama and tension at the medical facility as scores of followers of the sheikh, who was injured last Saturday during a fracas that involved the police, demanded to see him and check on his health and wish him quick recovery. They had come during the scheduled visitinghours that run from 4pm to 6pm and were unaware that the court was in session at the hospital. Police in full riot gear had to be deployed to ensure there was peace, but Sheikh Ponda’s lawyers prevailed over them, until they gave in and allowed the followers to see their patient as soon as the court session was over.
The cleric, admitted to Muhimbili since Sunday, was allegedly hit by a sharp object in Morogoro at the weekend. His family and followers claim he was shot, but the police have denied it.
A police probe team has been formed to investigate the matter. Medical authorities at the MOI have said they could notestablish the cause of the wound because prior to his admission at the facility, the patient had been attended to elsewhere by medics other than theirs.
Before the court session started yesterday, Sheikh Ponda’s lawyers engaged the police and the magistrate in a legal debate that lasted two hours.
“The police wanted to question our client, but we refused on grounds that he is not in a position to talk. He is still nursing wounds that are very painful,” Mr Juma Nassor, the head of Ponda’s legal team, told reporters at the MOI yesterday.
After the arguments, Kisutu Resident Magistrate Hellen Riwa headed for Sheikh Ponda’s bedside,accompanied by other court officials and the police to preside over the court session.
State attorney Tumaini Kweka read the charges that included “incitement leading to commission of an offence.”
“On diverse dates between June 2 and August 11 at different places within the United Republic of Tanzania, the accused, purported to be secretary of Great Council of Muslim Organisation and Association of Tanzania, did incite his disciples to commit an offence,” the charge sheet reads in part.
But Sheikh Ponda argued that the charge sheet contains legal anomalies which he intends to challenge when the case comes up for mention on August 28.
“The charges say our client committed the offence at different places in the United Republic of Tanzania. If that is so, then the Kisutu court has no jurisdiction to hear the case,” Mr Nassor noted.
 Source: The citizen