viagra http://communityseven.com/ext/sitesplat/likedd/language/en/info_acp_likedd.php geneva;”>The Brigadier’s lawyer, MacDusman Kabega, told Court that Tumukunde is not to blame for having made any remarks about the army because at the time of alleged crime, he was a Member of Parliament representing the army.
Tumukunde shakes hands with supporters at Makindye General Court Martial
Kabega further argued prosecution did not provide any single witness from the radio station where Tumukunde is believed to have made derogatory statements about the army and the Commander-in-chief, Gen Yoweri Museveni.
The lawyer further submitted his client had been “psychologically tortured” by a trial that has lasted a staggering eight years before requesting for the case’s dismissal.
Tumukunde is angry over the protracted trial and is not worried of serving at Luzira prison
Court Martial boss Brig Fred Tolit adjourned the matter to February 28 to allow prosecution respond to defence lawyer’s submission.
08:00 AM: Police have deployed heavily-armed anti-riot personnel at Makindye General Court Martial after Brig Henry Tumukunde’s supporters threatened to hold a protest outside the Court Martial.
The former spy chief appears before the Court Martial on Wednesday to hear his fate on a case that could see him spend the rest of his life in prison.
Tumukunde watches closely as his supporters arrive at Court
According to prosecution, RO/III Brig. Henry Tumukunde, on or about the 5th day of May 2005, while at Radio One Station, Kampala Central Division in Kampala District, without permission or authorization from the appropriate authorities, appeared on a talk show hosted by David Mushabe and made public speech and/or statements on Radio one 90.0 F.M Radio Station which conduct or act is prejudicial to good order and discipline of the Army (UPDF).
On January 10, the fiery army officer blasted the military court, saying he was sick and tired of a trial that has spanned almost a decade.
“Send me to Luzira Maximum prison now instead of keeping me here in a trial that has lasted almost a decade,” Tumukunde told the court’s boss Brig. Fred Tolit.
The former spymaster enters Court for proceedings
In November 2012, Tolit ruled that the ex ISO boss had a case to answer for reportedly “spreading harmful propaganda” on a local radio station in 2005.
Chimp Corp, Michael Nteza, who is at the court, says the mood is tense. Nteza says at least 100 supporters of Tumukunde have threatened to protest if the Brigadier is not set free today.
The supporters further expressed disappointment that Tumukunde’s case had dragged on for almost a decade.
“This is a political case. How do you explain a trial that lasts eight years? The army court should decide on his fate now because we are sick of this persecution,” a one Mukundane, who is among Tumukunde’s supporters, charged.
Some of Tumukunde’s supporters who were at first blocked from accessing the Court premises. They were later allowed in
Meanwhile, more information coming in indicates at least five buses carrying the accused Brigadier’s supporters have been intercepted and blocked at Nsangi, a few kilometers outside Kampala.
Last month, Tumukunde was told the state had provided all the “required” evidence to pin him for not only betraying the fundamental doctrines of the NRA struggle but also spreading harmful propaganda against the army.
According to section 137 of the UPDF Act, the charge of spreading harmful propaganda carries a maximum penalty of death or life imprisonment.
Tumukunde is credited in security circles for having obliterated the central command of rebel Allied Democratic Forces (ADF) operating in Kampala during his heydays in the 1990s.
Prosecution alleges that while still a serving army official, Tumukunde made certain remarks on radio without authorization from his bosses which the UPDF Command regarded as contrary to the Army Code of Conduct and as disparaging to the name and reputation of the UPDF.
He was on May 27, 2005 summoned to a meeting attended by UPDF High command and directed to resign from Parliament.
Security was water-tight after Tumukunde’s supporters threatened to protest outside the Court
On the following day, Tumukunde wrote to the Speaker of Parliament resigning his Parliamentary seat.
The letter was copied to the UPDF Commander- in- Chief President Yoweri Museveni and to the UPDF Council.
It would appear that following the meeting of the UPDF Command and its directive, Tumukunde was later arrested and placed under military detention.
On May 30 2005, the general was charged before the UPDF’s General Court Martial with several offences that included conduct prejudicial to good order and discipline 66 (1), (2) and (5) of the UPDF (cap.307).
According to prosecution, Tumukunde also reportedly made oral statements ill of the Army or Government of Uganda, when he said:
“I am sure you know how many people call themselves very pro the President and I am sure even in the Forces People who have got either sympathy or levels of patronage, so you would not want to leave such a person hovering on top of a force.
It interferes even with orders and main direction of the force… and I do know how much time one needs in power really to make a difference”.
It remains unclear why the court took several years to determine whether the general had a case to answer or not.
Tumukunde startled the nation in April when he blasted Museveni and his government for betraying ideals that inspired the 1981 – 86 bush war that ushered NRA in power.
“I am a victim of not getting free competition. If I was given free competition, I am sure I would have made an impact,” Tumukunde told a gathering during the installation of Mathew Rukikaire as honorary canon of St. Emmanuel Cathedral in Kinyansano, Rukungiri District.
“Those who reach people who deny us free competition please communicate this because we fought for freedom such that freedom may rain on us. The lack of free competition disadvantaged people like Rukikaire,” Tumukunde said in a veiled attack on Museveni.
Tumukunde with his lawyer MacDusman Kabega minutes before the Court hearing
Military sources say Tumukunde was indirectly telling Museveni that the former’s presidential ambitions have been frustrated by the army leadership’s refusal to allow his retirement from UPDF.
As if this was not provocative enough, Tumukunde hailed Museveni’s arch rival Col. Kizza Besigye as a “good doctor” who saved hundreds of lives during the bush war struggle.
“When we were in the bush, I was shot. We never had many doctors but the first doctor to treat me was Dr Kizza Besigye. He was a very good doctor I don’t know why he chose to go into murky politics,” said Tumukunde.