Ponda walks free

Dar es Salaam. It was high drama yesterday at Kisutu Resident Magistrate’s Court as Sheikh Ponda Issa Ponda, the secretary-general of the Council of Islamic Organisation, walked out a free man after seven months in custody.

More than 10 vans full of police officers, a carload  of pepper spray and officers from the Dog and Horse sections were deployed to boost security.  Sheikh Ponda was escorted from the court by security officials in dark suits and ferried home as his supporters chanted religious songs. Some were so overcome by their feelings that they shed tears at the release of their leader.

Resident Magistrate Victoria Nongwa also acquitted 49 people he was jointly charged with in October last year on the grounds that the prosecution--led by Senior State Attorney Tumaini Kweka--failed to produce enough evidence to convict them.

Sheikh Ponda was convicted, however, of forcibly entering a plot owned by Agritanza Company Limited that is in Chang’ombe, Dar es Salaam. He was acquitted on four other charges.

The cleric and his co-accused were charged on October 18 last year with conspiracy, trespass, criminal possession of property and theft of building materials as well as occupying land owned by Agritanza Limited. Sheikh Ponda also faced charges of inciting people to violence.

‘Unreasonable charges’
Speaking shortly after he was released, he accused the government of misusing security officials to create what he dismissed as unreasonable charges against innocent people. “If you see the government requesting investigators from outside, like FBI, to come to the country to probe terrorism charges,” he said, “you don’t need to go to school to understand that there is laxity within the police force.”

During a three-hour ruling, Resident Magistrate Nongwa said the prosecution failed to prove conspiracy beyond reasonable doubt because the charge sheet did not indicate the exact offence that the accused persons conspired to commit.

“During the proceedings,” she said, “there was no witness who proved the nature of the offence the accused persons conspired to commit.” The magistrate advised the Director of Criminal Investigation to avoid charging people with conspiracy if the prosecution could not offer proof in court.

As for incitement, the magistrate ruled that there was ambiguity because police witnesses failed to prove that Sheikh Ponda’s co-accused were truly his followers. “The burden of proof lies on he who alleges,” she added. “This court cannot convict anyone whenever there is any element of ambiguity or suspicious evidence.”

As for criminal possession of property and occupying a plot of land owned by Agritanza Limited, the court decided that the matter be referred to the land court because it had no jurisdiction over such issues.

Building materials
The court also dismissed the offence of theft of building materials, saying the prosecution submitted doubtful evidence on whether or not the materials used during the construction of the alleged mosque were stolen. Some witnesses failed to recognise exhibits produced in court.

Magistrate Nongwa said, though, that there was proof beyond reasonable doubt that Sheikh Ponda forcibly entered a plot owned by Agritanza. The prosecution paraded 16 witnesses while the defence brought 53.

The magistrate argued that in order for someone to forcibly enter a place, there should be actual use of force, intimidation, breaking in or collecting an unusual number of people. Indeed, she added, Sheikh Ponda had admitted entering the compound.

However, she said, the court decided to give him a 12-month provisional discharge after considering the time he spent in prison after the Director of Public Prosecutions requested court to deny him bail.

Sheikh Ponda came off with a warning to ensure that he preaches peace and avoids committing any criminal offence within the year. “Should you fail to abide by this conditional discharge,” she said, “the court may use section 35 to bring you back to court and issue another punishment.”

Sheikh Ponda’s supporters thronged the court premises as the magistrate delivered her ruling, chanting religious slogans even as security was beefed up with police from the Field Force Unit, armed with firearms and teargas canisters, patrolling the court area. The sheikh was escorted home in a police convoy.