Tumukunde insists on public trial
Jun 12, 2004
THE military court martial yesterday ruled that the trial of former Internal Security Organisation chief, Brig. Henry Tumukunde will be heard in camera.
By Maurice Okore And Steven Candia
THE military court martial yesterday ruled that the trial of former Internal Security Organisation chief, Brig. Henry Tumukunde will be heard in camera.
But Tumukunde protested the ruling, saying he was going to appeal to the army court of appeal against the decision. A Judge heads the military court of appeal.
Shortly after making clear his intention to appeal, Tumukunde also asked the court martial to stay any proceedings in his case until the appeal court passes a ruling on his appeal.
Yesterday’s court ruling follows an application filed by the prosecution on May 12, seeking that court proceedings against Tumukunde be heard in camera on grounds that evidence to be adduced was likely to jeopardize national security.
The application said the evidence to be adduced included discussions between the High Command and senior UPDF officers in operation areas, UPDF troop movement and intelligence information from the 4th division headquarters in Gulu.
“It was wrong for the court to bar the public and the press from the proceedings without having a basis that it would be prejudicial to
national security. The ruling was based on a statement other than evidence,†Oscar Kambona, one of Tumukunde’s lawyers said.
He added: “How do you say that information on money allegedly stolen will aid rebels, more so Kony? They should have included the issue of national security on the charge sheet if they think that diversion of funds was an issue of national security.â€
State prosecutor, Christopher Madrama described the argument by the defence lawyers as a “game to derail the trial.â€
“Nowhere in the law is it mentioned that evidence must be adduced before a court can decide whether a matter is prejudicial to national security,†Madrama said.
The issue of national security between prosecution and the defence team became so contentious that at one point, Tumukunde’s lead counsel McDusman Kabega took to the floor without the consent of the court chairman, Lt. Gen. Elly Tumwine, who ordered him to “shut up and sit down.â€
“We cannot spend the whole day arguing about national security. If you continue to behave that way, I will not listen to any of your applications,†Tumwine said.
The ruling passed by the court bars the press and public from attending the proceedings and blocks media houses from publishing the proceedings.
Tumukunde is charged with creating ghost soldiers and diverting sh379,450,680 meant for 650 soldiers between November 2000 and November 2001 when he was the 4th Division chief in Gulu.
Tumukunde is also charged with neglecting duty and disobeying orders to face a probe committee.
Ends
THE military court martial yesterday ruled that the trial of former Internal Security Organisation chief, Brig. Henry Tumukunde will be heard in camera.
But Tumukunde protested the ruling, saying he was going to appeal to the army court of appeal against the decision. A Judge heads the military court of appeal.
Shortly after making clear his intention to appeal, Tumukunde also asked the court martial to stay any proceedings in his case until the appeal court passes a ruling on his appeal.
Yesterday’s court ruling follows an application filed by the prosecution on May 12, seeking that court proceedings against Tumukunde be heard in camera on grounds that evidence to be adduced was likely to jeopardize national security.
The application said the evidence to be adduced included discussions between the High Command and senior UPDF officers in operation areas, UPDF troop movement and intelligence information from the 4th division headquarters in Gulu.
“It was wrong for the court to bar the public and the press from the proceedings without having a basis that it would be prejudicial to
national security. The ruling was based on a statement other than evidence,†Oscar Kambona, one of Tumukunde’s lawyers said.
He added: “How do you say that information on money allegedly stolen will aid rebels, more so Kony? They should have included the issue of national security on the charge sheet if they think that diversion of funds was an issue of national security.â€
State prosecutor, Christopher Madrama described the argument by the defence lawyers as a “game to derail the trial.â€
“Nowhere in the law is it mentioned that evidence must be adduced before a court can decide whether a matter is prejudicial to national security,†Madrama said.
The issue of national security between prosecution and the defence team became so contentious that at one point, Tumukunde’s lead counsel McDusman Kabega took to the floor without the consent of the court chairman, Lt. Gen. Elly Tumwine, who ordered him to “shut up and sit down.â€
“We cannot spend the whole day arguing about national security. If you continue to behave that way, I will not listen to any of your applications,†Tumwine said.
The ruling passed by the court bars the press and public from attending the proceedings and blocks media houses from publishing the proceedings.
Tumukunde is charged with creating ghost soldiers and diverting sh379,450,680 meant for 650 soldiers between November 2000 and November 2001 when he was the 4th Division chief in Gulu.
Tumukunde is also charged with neglecting duty and disobeying orders to face a probe committee.
Ends