The State has asked the General Court Martial (GCM) to convict Brig. Henry Tumukunde for breaching the code of conduct of the Uganda People’s Defense Forces (UPDF).
Tumukunde is facing two counts of conduct – prejudicial to good order and discipline and spreading harmful propaganda.
Prosecution alleges that the army man made offensive remarks on a talk-show called Spectrum on a local radio station on May 27, 2005 without authorization and contrary to sections 66(1),(2) and (5) of the UPDF Act.
The show was discussing the role of military in the political transition.
In their final submission they presented to court at Makindye on Thursday, prosecution noted that they had proved beyond reasonable doubt that Tumukunde made the statements and should be convicted.
The prosecutor Capt. Frederick Kangwamu said his conduct violated the regulations of the UPDF Act.
He said according to Rule 2 (J), a soldier must get authorization from the chief of staff to speak out on any matter to the media, which he argued Tumukunde never respected as a serving senior army officer and a lawyer.
“It was proved beyond reasonable doubt that it was him in the recordings. A senior officer at his level of education can’t claim not knowing the rules and regulations,” Kangwamu told court.
He added that during his submission of no-case-to-answer, Tumukunde never tendered when the tape was being played in court.
Last week, Tumukunde told court that he would not defend himself against charges.
Kangwamu also noted that the host of the radio show was brought three times to court but declined to testify against the accused because he [Tumukunde] was a relative and that “they had exchanged cows”.
“But what is important was to prove whether Tumukunde appeared on radio. Tumukunde is subject to military laws. Discipline must be adhered to. We pray that he is convicted,” he said.
The defense lawyers Emmanuel Twarebireho and Oscar Kambona asked for more time to study the submission to make a reply which Tumukunde did not object.
From allafrica.com
Source:
http://oscar.blogm4u.com/2013/01/26/state-wants-brigadier-tumukunde-convicted/