Court Martial Sets Date For Brig. Tumukunde Verdict

ask geneva;”>“I was 44 when I was charge but I am now 52, healing ” Tumukunde told Tolit.

web geneva;”>He further accused the State of being selective, saying other army officers make controversial statements to the media but are never charged.

Tumukunde said all he craved was “my freedom.”

Prosecution denied deliberate prolonging of Tumukunde’s trial, saying it was following the “correct procedures.”


The State Attorneys further said Tumukunde required permission from the Chief of Defence Forces before making public statements, as required by the UPDF Code of Conduct, rules he disobeyed.

Court Martial boss Fred Tolit set March 18 as date when he will determine Tumukunde’s fate.

08:30 AM: The trial of former spymaster Brig Henry Tumukunde on charges of spreading harmful propaganda and behaving in a manner that is prejudicial to good order and discipline of the Army (UPDF) resumes Thursday.

Chimp Corp Michael Nteza who is at Makindye Court Martial says the state is today expected to respond to a submission by the Brigadier’s lawyers that prosecution deliberately refused to present Radio One’s recording because they knew it would exonerate the accused.

Tumukunde’s lawyers argue the missing bits on the tape leave court with incomplete evidence.

This, Tumukunde’s lawyers argue, render court unable to contextualize the evidence in total without having listened to the whole tape and cannot, therefore, proceed on incomplete evidence.

Tumukunde further challenges the charge of spreading harmful propaganda, saying evidence provided does not show which specific arm of government was the target and as such harmed by the alleged harmful propaganda.

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).

He reportedly said: “I am sure you know how many people call themselves very pro the president, and I am sure even the forces, people who have got other sympathy or levels of patronage, so you would not want to leave such a person hovering on top of the Force and I do not know how much time one needs in power really to make a difference.”

The Brigadier’s lawyer, MacDusman Kabega, told Court early this month 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.

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.

Police had to deploy heavily-armed anti-riot personnel at Makindye General Court Martial after Tumukunde’s supporters threatened to hold a protest over the protracted trial.

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 Nteza, says the mood is calm, adding Tumukunde is yet to arrive.

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.

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