Army Court remands three NUP supporters over red berets

ARMY COURT|NUP|CRIME 

KAMPALA - Three National Unity Platform (NUP) supporters have been charged and remanded to Kitalya Prison for allegedly wearing red berets.

Fred Nkuruziza, Stephen Sserwanga, and Shafik Wasinde were on Monday (December 14, 2020) arraigned in court on charges of wearing unauthorized uniforms.

The trio appeared before the General Court Martial (GCM) Chaired by Lt. Gen Andrew Gutti and denied the charges.   

NUP is headed by Kyadondo East MP Robert Kyagulanyi aka Bobi Wine.

Prosecution alleges that the accused on November 18, 2020, while in the city suburbs of Kampala, were found wearing red berets, resembling one authorised for the members of the Defence Forces.

"When you wear red berets, it leaves other people threatened thinking you are a soldier," Gen. Gutti told the accused, who appeared individually in the caged court dock.

Meanwhile, Alex Kadyama aka Abdu Nasur was unable to take plea because according to defence lawyer Maj. Kamanda Mutunji, is not mentally stable.

Gen. Gutti advised prosecution led by Maj. Elly Byaruhanga to take the accused to Butabika national referral hospital, for medical treatment.

State Prosecutor Maj. Elly Byaruhanga informed court that the matter is still under investigations and asked court to adjourn the case to another date for mention. Capt. Ambrose Baguma assisted him.

"I pray that court adjourns the case to allow our investigators to complete inquiries in the matter," he requested.

This prompted the court chairman to adjourn the case to December 22, for mention.

The law

Under the law, any person, who without authority, manufactures, sells, offers or exposes for sale, wears or uses any uniform resembling that of the defence forces, is on conviction liable to imprisonment not exceeding seven years.

The arrest

In October, security personnel raided NUP offices and other places in the city center, arrested suspects and detained them in police custody.

Subsequently, over 72 NUP supporters were charged before City Hall and Buganda Road Court, respectively, and remanded to Kitalya Prison, over allegedly possessing and wearing attires that look like that of the military.

They are also battling charges of disobedience of lawful orders (Presidential orders) on social distancing, put in place to mitigate the spread of coronavirus pandemic.

Prosecution alleges that the accused on October 14, 2020 at Kamwokya in Kampala not being persons serving in any of the armed forces, were found wearing or in possession of uniforms that resemble that of the armed forces, namely, UPDF, Uganda Police Force and Uganda Prisons.

According to prosecution, the attire bear parts, have appearance or resemble that of the armed forces with distinctive marks of the security forces uniform, namely, lineyards, peeps, and berates.

Prosecution further alleges that the accused and others still at large on the same date disobeyed presidential order or command by gathering in large numbers and not observing social distance.

The act also states that the uniform, badge, button, or other distinctive marks in respect of the offence committed shall be forfeited unless the minister shall otherwise order.