32 NUP Supporters Face New Charge of Treachery in Court Martial.
The General Court Martial in Makindye has added a new accusation of treachery against 32 individuals who are believed to be followers of the National Unity Platform (NUP), an opposition political party.
The 32 individuals were previously charged with unlawfully possessing 13 explosive devices. However, during their recent court hearing, a new charge was added. The hearing took place in the General Court Martial, which was presided over by Brigadier General Freeman Mugabe. The court session was held in private, without any members of the public or journalists present, as requested by the state due to concerns about witness intimidation.
After nearly two years of being held in custody, Lt Col Raphael Mugisha presented a revised charge sheet on behalf of the state, alleging that the group had attempted to overthrow the Ugandan government using petrol bombs. However, the accused, represented by their lawyer Mr George Musisi, objected to the new charge. They argued that the charge sheet did not state that the suspects were affiliated with the army, sponsored by a foreign entity, or members of any other organization. “The suspects cannot take plea on the new charge against them because it is defective and cannot stand on court record for lack of a key ingredient,” Mr Musisi said.
The prosecution claims the suspects committed treachery, an offence, according to Section 129 of the Uganda Peoples Defence Forces Act.
According to the Act, a person can be charged with the offence of treachery if they do any of the following: join the army under false pretenses, work as a spy for a foreign power, or participate in acts of war or war-like activities against the Ugandan government. Additionally, someone can be found guilty of treachery if they knowingly provide classified information to a force that is engaged in war or war-like activities against the government, or if they withhold vital information from the authorities. If convicted of treachery, a person may face the death penalty.
Brigadier General Mugabe postponed the case to April 17 and ordered the prosecution to reorganize their case. He also remanded 28 of the suspects, while four others were released on bail. The individuals released on bail are Ronald Mayiga, Richard Nyombi, Kenneth Kamanya, and Shafiq Ngobi, while the remaining 28 were denied bail due to a lack of suitable sureties.
The prosecution has accused the group of being in possession of 13 explosive devices between November 2020 and May 12, 2021, in various locations including Jinja, Mbale, Kireka, Nakulabye, Kawempe, Nateete, and Kampala Central. These devices are typically only owned by the military. The suspects were apprehended in December 2020 while on the campaign trail of Robert Kyagulanyi, also known as Bobi Wine, who was running for president at the time.
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