There was drama in the General Court Martial today when the former Bubulo West Member of Parliament, Tonny Nsubuga Kipoi protested being tried by Lt General Andrew Gutti.
Kipoi, who is being tried together six others for offenses related to security, asked Gen. Gutti through his lawyer, Rtd. Major Ronald Iduli to excuse himself from the trial on grounds that he is compromised and can’t take independent decisions.
However, the judge advocate Lt. Col Richard Tukacungurwa interjected asking why Kipoi is raising the matter at this moment yet he didn’t raise any objection at the start of the trial.
“We asked him whether he was okay with this panel and he said he had no problem. Why bring the issue right now when the trial has already started?” said Lt. Col Richard Tukacungurwa the Judge Advocate.
Gutti angrily interjected accusing Iduli of being retired and tired to the extent that he no longer remembers the law and court procedures.
Iduli sat down as he listened to Lt Gen Gutti express his anger. “I think you are mentally sick. It seems ever since you were retired from the Army you have been tired since then,” he said. Iduli rose up again saying he only wants the court martial chairperson to follow the laid down procedures, adding that his client is protesting being remanded in the Military barracks instead of Luzira Maximum Prison.
In the previous Session, Gen Gutti said Kipoi was remanded to Makindye military barracks for his personal safety.
Gen Gutti asked Iduli the number of times he has petitioned High Court and the Constitutional Court Challenging Kipoi’s trial in the Court Martial and lost. In his response, Iduli said all he needs is an impartial and an independent trial.
The Judge Advocate overruled Iduli’s submission and adjourned the matter to December, 10th for further hearing. Iduli kept quiet and Lt Col Tukacungurwa said that silence meant that he was okay with the adjournment.
Outside court, Iduli told journalists that he was surprised that Gen. Gutti who has never studied law has continued to intimidate and threaten him in court on legal
matters.
Kipoi is being tried together with RA 129817 SGT Okeng, RA 140400 L/CPL Rogers Mweru, RA 13014 SGT Yunus Lemertga, RA 2077006 PTE Ifosiga Saidi Dodla, RA 196740 L/CPL Cassim Adams Mawa, RA 37791 CPL James Shimali and RA 37702 CPL Yusuf Kiisa.
Prosecution alleges that between 2011 and 2012 in diverse places in Uganda including Kampala, Mpigi, Luwero Entebbe, Fort Portal, Mbale Masaka and Nakasongola, the accused contrived a plot to over through the government of Uganda.
The group pleaded not guilty the charges. Prosecution has so far presented four witnesses to implicate the suspects.