Lawyers seek acquittal of Tumukunde

Argument. They are citing failure of the prosecution to adduce evidence against the former director of the Internal Security Organisation.

Lawyers representing embattled former Internal Security Organisation (ISO) boss Henry Tumukunde, have asked the Military Court to acquit him of allegedly spreading harmful propaganda.
The case stems from a radio talk show Brig. Tumukunde participated in seven years ago.

The lawyers, citing failure of the prosecution to adduce evidence against Brig. Tumukunde, argued that there was no evidence brought to put the accused person at the scene of crime, Radio One, and that neither did the prosecution call an expert to verify the voice recorded on tapes.

“The offence of conduct prejudicial to good conduct and discipline is bad in law because it has more than one offence in the particulars making it difficult for the accused person to defend. Prosecution put more than one offence in count one and this is not acceptable,” argued Mr MacDusman Kabega, adding that prosecution had contravened the Constitution on the point of speedy trial.

Brig. Tumukunde appeared before a fully-packed court chaired by Brig. Fred Tolit amidst tight security.
He is facing charges of allegedly spreading harmful propaganda and conduct prejudicial to good order and discipline, the charges to which he has been arraigned in court since May 30,2005.

No evidence
Mr Oscar Kambona told court that there was no evidence to show where Brig. Tumukunde, then an MP representing the army, should have derived authority to speak since it is not provided for in the UPDF rules and Act.
Previously, prosecutor Capt. Fred Kangwamu asked the court to convict Brig. Tumukunde, saying they had proved their case through the three witnesses to warrant a conviction.

The three witnesses include: Col. Felix Kulayigye, the army spokesman, Mr Ronald Kabugo (Makerere University lecturer) and one Pt Zacharia from ISO, whom prosecution said had proved that Brig. Tumukunde appeared on the radio talk show on May 5, 2005.
Brig. Tolit has adjourned the case to February 28 for the state to consider the submissions before court makes its decision.

ekasozi@ug.nationmedia.com