Magistrate opts out of terrorism case against Uamsho
Members of the Association for Islamic Mobilisation and Propagation when they appeared before the Kisutu Resident Magistrate’s Court on terrorism charges yesterday. PHOTO | TAUSI ALLY
What you need to know:
Ms Liwa decided to quit after defence lawyer Abubakar Salim asked her to quit since she had previously ruled that the court had no jurisdiction to hear terrorism charges, a ruling which was overruled by the High Court.
Dar es Salaam. Kisutu Resident Magistrate Helen Liwa has disqualified herself from a terrorism case against 23 leaders of the Association for Islamic Mobilisation and Propagation (Uamsho).
Ms Liwa decided to quit after defence lawyer Abubakar Salim asked her to quit since she had previously ruled that the court had no jurisdiction to hear terrorism charges, a ruling which was overruled by the High Court.
Mr Salim said it was important for Ms Liwa to disqualify herself from the case so that it may be assigned to another magistrate.
The defence lawyer told the court after consultation with his clients that they agreed it was important for another magistrate to be assigned the case since High Court Judge Fauzi Twaib had overruled Ms Liwa on the jurisdiction of the Kisutu Court to hear terrorism charges.
“The High Court has directed us (defence lawyers) to present our new or initial arguments, if any, at this court (Kisutu Court) for a decision. So we are of the opinion that you should disqualify yourself so that we can hear from another magistrate,” insisted the lawyer.
Leading prosecution lawyer Benard Kongola protested the request, insisting that the reasons for the defence attempt to have Ms Liwa disqualify herself from the case were not strong enough. However, Ms Liwa said since the high court overruled her initial decision over the court’s jurisdiction it was important for her to disqualify herself from the case.
In his ruling, Judge Twaibu said the Kisutu Magistrate’s court has jurisdiction to hear the defence side’s arguments in order to make a decision.
According to Mr Twaibu the court has no jurisdiction to hear and rule on terrorism charges against the accused.
The 23 members of Uamsho are accused of taking part in terrorist attacks in both Mainland Tanzania and the Isles.
The accused include Sheikh Farid Hadi Ahmed, Noorid Swalehe, Nassoro Abdallah, Hassan Suleiman, Anthari Ahmed, Mohammed Yusuph, Abdallah Hassani, Hussein Ally and Juma Juma.
Others are Saidi Ally, Hamisi Salum, Saidi Amour Salum, Abubakar Mngodo, Salum Ali Salum, Alawi Amir, Rashid Nyange, Amir Hamis Juma, Kassim Nassoro and Said Sharifu.
