The military prosecutor, Colonel Raphael Mugisha, started the day by requesting the court to we allow amendment of the charge sheet, adding a one Capt Denis of the Armoured Brigade to the case
The defence team in the Kizza Besigye and Obeid Lutale trial at the General Court Martial has objected to amendment of the charge sheet as the military court sought to add a soldier to the dock.
The military prosecutor, Colonel Raphael Mugisha, started the day by requesting the court to we allow amendment of the charge sheet.
Citing Regulation 66, Col Mugisha said there was a need for justice to be effectively administered and holding parties accountable.
“Facts revealed that a serving UPDF officer is connected to the offence,” he said. “Intend to amend by adding another count of treachery.”
Dr Besigye and his associated Hajj Lutale were abducted from Nairobi in Kenya on November 16 last year.
They were subsequently charged by the court martial with endangering the security of the Defence Forces and illegal possession of two pistols that the court charged is the responsibility of the armed forces.
However, the defence team led by Kenyan senior counsel Martha Karua – at whose event the accused duo had travelled to Kenya to attend – has been challenging the jurisdiction of the court, among others.
And on Monday, Ms Karua objected to the amended that sought to add a one Captain Denis, who was introduced to the court as a soldier of regular forces attached to Armoured Brigade.
“We object to the amendment of the charge sheet,” Ms Karua said, “This is meant to pre-empt the ruling on jurisdiction.”
The court martial chaired by Brigadier-General Freeman Mugabe was expected to rule on the jurisdiction, among others, but he soon called an adjournment to deliberate on the objection, promising to return with a decision on it.
An unusual Monday in Makindye started with the surprise ease of strictness at the premises with civilians allowed to walk in unlike in all past court sessions.
There were also fewer military boots and uniforms at the premises and the defence team was easily let through into the court.
In all past session, the military presence was thick and tense, rending to tension in and outside the court as security screened and blocked many from accessing the court proper.
Defence counsel Eron Kiiza, who repeatedly clashed with Judge Advocate Brigadier Richard Tukacungurwa, was last week arrested in the court and later sentenced to nine months in prison without a trial.
The defence team intends to appeal his sentence as Besigye insists he is assigned to receive part of the rulings.
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