By Guardian Reporter ,
SIX defendants were yesterday convicted and acquitted one in a terrorism case linked to allegations of being part of a plan to overthrow the government and establish an Islamic state in the country.
Judge Godfrey Isaya, chairing a panel of three judges at the Corruption and Economic Crimes Division of the High Court at its Mwanza Registry, said the court was satisfied that the prosecution had proved its case against the accused beyond reasonable doubt.
Those convicted are Mnawala Hamisi, Mustafa Hamisi, Mswadiki Mtaburu, Hamisi Kitigani, Abdallah Rashidi and Zulfa Ibrahim, while Mayasa Twaha was acquitted after the court found insufficient evidence to support the charges.
The accused faced multiple terrorism-related offences, where the first count, brought against all defendants, related to conspiring to commit terrorist acts, while the second charge was brought against Zulfa Ibrahim, accused of inciting or facilitating the commission of a criminal offence.
In the third count, Abdallah Rashidi and Zulfa Ibrahim were accused of providing funds to support terrorist activities, while the fourth count alleged that Zulfa supplied property or resources for the execution of a terrorist act.
The fifth charge levelled at Mustafa Hamisi and Zulfa Ibrahim was of recruiting or persuading individuals to participate in terrorist activities.
Mayasa Twaha, the one acquitted, faced the sixth charge, which alleged that he had harboured or hidden a person involved in terrorism.
The seventh count accused several of the defendants of participating in a terrorist meeting, while the eighth charge was brought against Mustafa Hamisi and Zulfa Ibrahim for illegal possession of firearms, while the ninth charge accused Zulfa of possessing military equipment.
The prosecution alleged that between January 5, 2012 and December 2, 2016, the accused, at different locations in Nyamagana District in Mwanza Region and other parts of Tanzania, conspired to overthrow the government and establish an Islamic state.
During the trial, the prosecution called 13 witnesses, whose identities were concealed for security reasons and referred to by coded names.
A total of 29 exhibits were presented in court, including an AK-47 rifle bearing registration number BE 3513480, another AK-47/SMG rifle registered UC 82951998, eight AK-47 magazines each loaded with 30 live rounds, as well as two binoculars and other military equipment.
One prosecution witness testified that in November 2016, authorities received information about a group collecting funds from various mosques to support individuals detained at Butimba Priso, facing terrorism charges. The group was allegedly collecting weapons such as rifles, ammunition and explosives with the aim of establishing an Islamic state.
Investigators later identified Abdallah Rashidi as among individuals collecting funds from members of the public and mosques to support fighters linked to the group known as Hijra, reportedly engaged in efforts to establish Islamic states in other countries.
On November 24, 2016, Rashidi was arrested at the Rwagasore bus terminal and taken to Nyamagana Police Station for questioning. During interrogation, he allegedly mentioned several of the co-accused, leading to further arrests and the recovery of weapons and other evidence.
In his defence, Mnawala Hamisi told the court that he had been arrested on November 28, 2016 in Kaluta Street near Magufuli area and taken to the Mwanza Central Police Station without being informed of the allegations against him.
He claimed that police officers interrogated him about the death of a Bulale village chairman, about which he denied any involvement.
Hamisi further alleged that police attempted to force him to sign documents without reading them and that he was assaulted when he refused. He told the court that he later lost consciousness and regained awareness while in detention.
He also stated that he had earlier been charged in a murder case with other suspects, but the case was later withdrawn on November 11, 2023.
Other defendants, including Zulfa Ibrahim and Mustafa Hamisi, also denied the charge sheet allegations.
After reviewing all the evidence, the court ruled that the prosecution had established that most of the accused shared a common intention to commit terrorist acts, leading to their conviction.
Judge Isaya found Mnawala Hamisi, Mustafa Hamisi, Hamisi Kitigani, Abdallah Rashidi and Zulfa Ibrahim guilty of conspiracy to commit terrorism, contrary to Section 4 of the Prevention of Terrorism Act.
The court also found Mustafa Hamisi and Zulfa Ibrahim guilty of illegal possession of firearms.
However, the judge said the prosecution failed to prove some of the other charges beyond reasonable doubt.
“In determining the sentence, I have considered the submissions made by both sides. These offences have the potential to seriously affect citizens by undermining our economy and social stability.”
He also took into account mitigating factors raised by the defence, including the fact that the accused had been in custody since 2016.
For the first count, the convicted defendants were sentenced to 20 years in prison, but because they had already spent several years in detention, each will serve 10 years imprisonment.
For the eighth count, Mustafa Hamisi and Zulfa Ibrahim were each sentenced to an additional five years in prison.
The court ordered that all exhibits remain in the custody of the Police Force, and informed the convicted persons that they have the right to appeal the decision.
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