By Spy Uganda
Kampala: Kampala City Hall Court has issued a criminal summons for presidential aspirant Lt Gen. Henry Tumukunde ordering him to appear on 21st December 2020 on two cases against him.
Tumukunde is charged before Grade One Senior Magistrate Valerian Tumuhimbise with treason and illegal possession of firearms.
This was after senior state attorney Lilian Omara sought the summons after Gen Tumukunde failed to show up.
“We are shocked by the submissions of the defence counsel. They are turning around from their record of September where they asked for dismissal of the case for the lack of prosecution and indeed the case was adjourned for the last time,” Ms Omara said.
“If campaigns are ongoing, does it mean the case will not go on? I think the defence came thinking we had no witnesses. Since the accused is not in court, we apply for criminal summons,” she added.
The treason charges stem from his statement in an interview on NBS TV, where he said that ”if I was Rwanda, I would support people who wish to foster change in Uganda.”
The prosecution says the statement is a call on Rwanda to invade Uganda and cause an unlawful change of government.
The prosecution also alleged that Tumukunde was in possession of a Star pistol and AK47 rifle without a license to have both at his private property in Kololo where he was arrested.
Today the two cases were up for hearing but Prosecution led by Lillian Amara sought for an adjournment in the treason case since they had not concluded investigations and hence the file not ready for committal to High Court. As for the second case, it couldn’t proceed without Tumukunde in Court.
Tumukunde was represented in court by his lawyer Anthony Wameli who told the court that his client was stuck in Kagadi and hence could not come to court. However, the prosecution sought criminal summons against Tumukunde arguing that he was in court on 23rd September when the case was adjourned to today and hence should have appeared.
Counsel Wameli, however, notified the court about his intention to file an application on matters of human rights violations. He raised issues of personal liberty, right to a doctor and freedom from torture.
He says his client was kept for six days and only produced after they filed for his production, he was psychologically tortured when he was in solitary confinement and while there, denied access to a doctor.
Wameli wants the human rights violations case heard before the cases against his client proceed as per the Human Rights Enforcement Act 2019, that orders a magistrate court to hear human rights violations matters that arise during proceedings before the main case is heard.
The Development comes at a time when Tumukunde is conversing for votes from various regions of Uganda aiming to oust his long time friend and bush war-fighter Yoweri Kaguta Museveni from the presidency seat.