Sheikh Ponda’s defence fails to secure bail

Supporters of the Muslim cleric, Sheikh Ponda Issa Ponda, gesture and shout outside the Morogoro Resident Magistrate Court yesterday. Sheikh Ponda was denied bail by the court. PHOTO|JUMA MTANDA 

By  Hamida Shariff and Lilian Lucas

Posted  Wednesday, September 18  2013 at  00:00

In Summary

Although the accused has a constitutional right to be bailed out, this court considered the applications from both sides and decided that he remains in remand.

Morogoro. An attempt by a controversial Muslim cleric Sheikh Ponda Issa Ponda to secure bail at a Morogoro court hit a snag yesterday after the Director of Public Prosecution’s request prevailed.

Sheikh Ponda, who is also the secretary of the Council of Islamic Organisations in Tanzania, was flown to Morogoro from Dar es Salaam last month and charged with three counts of incitement, defying a legal order and instigating religious hatred. The Morogoro Resident Magistrate’s Court rejected a request from the cleric’s lawyer, Mr Juma Nassor, who applied for his client’s bail on August 21, when the case came up for mention.

Resident Magistrate Richard Kabate said the court considered the DPP’s request who wanted Sheikh Ponda to be remanded on what he termed as a matter of public interest and the Muslim leader’s safety.

“Although the accused has a constitutional right to be bailed out, this court considered the applications from both sides and decided that he remains in remand,’’ said the magistrate.

Although his client was denied bail, Sheikh Ponda’s lawyer yesterday asked the court to quash and set aside the first count of violating a legal order on the grounds that the court had no jurisdiction to preside over the matter because the order came from the Kisutu Resident Magistrate’s Court.

Ponda’s counsel cited section 129 of the Criminal Procedure Act which compels the court to look on the legality of the offence. The section gives Powers to a magistrate to reject any complaint or formal charge.

In May, the Kisutu Resident Magistrates Court slapped the Muslim Cleric with a one-year-suspended sentence after he was found guilty of trespass and ordered him to preach peace for a period of one year.

Last month Sheikh Ponda was arrested for making inflammatory statements in Morogoro town as he was receiving treatment at Muhimbili National Hospital, just few hours after a fracas between the police and his supporters ensued.

He sustained a serious wound on his right shoulder, which the doctors failed to substantiate if it was a result of the shooting by law enforcers who were attempting to disperse the crowd.

SOURCE: THE CITIZEN