Suspected Al-Shabaab trainee charged in Mtwara court

By Katare Mbashiru The Citizen Reporter

Posted  Thursday, October 17  2013 at  00:00

In Summary

The suspects, according to him, were arrested at Makolionga Mountain in Nanyumbu District following a tip-off from members of the public, who saw them in the forest performing military drills.

Dar es Salaam. Fresh details are emerging on the eleven people reportedly found undergoing military training using Al-Shabaab manuals in a forest in Mtwara Region.

It now appears that Mtwara regional police commander Zelothe Stephen broke the news of the arrest of the people, a fortnight ago, after they had already appeared in court.

The Citizen has confirmed that the suspects were arraigned before the Nanyumbu District Court a few days before the RPC announced of their arrest. However, it was not immediately established what counts they were charged with.

The RPC had told reporters on October 17 that police had arrested eleven people in connection with taking part in unlawful military training. They were found in a hideout in a forest.

The suspects, according to him, were arrested at Makolionga Mountain in Nanyumbu District following a tip-off from members of the public, who saw them in the forest performing military drills.

There were found in possession of 25 digital video discs (DVDs) featuring Al-Shabaab training manuals and locally made firearms.

A human rights lawyer said the RPC’s decision to address journalists while the matter is already in court was a breach of procedures (sub judice rule), which prohibits commenting on matters pending in court in a manner likely to influence the court’s decision. “In the content of his briefing to the press, if the RPC gave any utterances that may influence the magistrate in court to reach a particular decision depending on the former’s comments, he risks being charged with contempt of court,”
Onesmo Olengurumwa who works with the Tanzania Human Rights Defenders Coalition told The Citizen.

The RPC’s actions could also be punishable by law as per section 114 of the Penal Code, which gives punishment to whomever comments in matters pending in court in a way that is likely to influence the court’s decision.

Efforts to get Mr Stephen’s comment on Tuesday and Wednesday proved futile as his phone went unanswered.The Mtwara police boss further declined to respond to text messages.

The accused persons were identified by Mr Stephen as Hassan Omary, 39, Rashid Ismail, 27, Abdallah Hamisi, 32, SalumWadi, 38, Fadhili Rajabu, 20, Abbas Muhidini, 32, Ismail Chande, 18, Said Mawazo, Issa Abeid, 21 and Ramadhani Rajabu, 26 and 39-year-old Mohammed Makande, who is said to be their leader.

SOURCE:THE CITIZEN