Court threatens to dismiss Tumukunde case
Lt Gen Henry Tumukunde
What you need to know:
The prosecutor, Ms Viola Nsingwire, had earlier told court that she was not personally in-charge of the case and thus sought the last adjournment.
The City Hall Magistrate’s Court yesterday threatened to dismiss the criminal case against presidential aspirant, Lt Gen Henry Tumukunde, (retired) for failure by the State to prosecute the matter.
Gen Tumukunde yesterday appeared in court for mention of his charges of illegal possession of firearms. His lawyer asked court to dismiss the case of unlawful possession of firearms saying it has been too long since the last adjournment.
“Whether in the absence of the State or police file, the matter can be dismissed under Section 28 of the Constitution; a person charged with a criminal case is entitled to a speedy and fair trial. Any further adjournment deters one from having a speedy trial, thus we pray for dismissal of the case and discharge of the applicant (Tumukunde) accordingly,” counsel Anthony Wameli told court.
Covid-19 interruption
The prosecutor, Ms Viola Nsingwire, had earlier told court that she was not personally in-charge of the case and thus sought the last adjournment.
She said the Covid-19 pandemic delayed their investigations since they are handling many matters.
Prosecution claims that Tumukunde was found in illegal possession of a pistol, an AK-47 gun and 34 rounds of ammunition during his arrest. Prosecution claims he did not have a valid licence for the guns.
The presiding magistrate, Mr Valerian Tuhimbise, adjourned the matter to November 23 and warned he will dismiss the case if the state is not ready for the hearing.
“Considering that we are working under the pandemic of Covid-19, I further adjourn the matter for the last time. Should the State exhibit any symptoms of unreadiness the matter shall be dismissed,” Mr Tuhimbise ruled.
Tumukunde is also charged with treason in a separate file. Prosecution told court yesterday that the investigations in the treason case are on-going.
Prosecution alleges that while appearing on NBS TV, Gen Tumukunde committed treason when he said: “If I was in Rwanda, I would support those who want to cause change in Uganda.”
The prosecution contends that the utterances were calculated to instigate Rwanda to attack Uganda to cause unlawful change of government.
