The General Court Martial in Makindye has remanded Major Gordon Joel Atwebembeire, over allegations of murder.
Atwebembeire, 47, Tuesday, appeared before the Court presided over by Brigadier Robert Freeman Mugabe, and was charged with one count of murder.
Court heard that on October 6th, 2022, Atwebembeire while in Bayima village, Nabitanga sub-county, Sembabule district with malice aforethought, unlawfully caused the death of his wife Marion Tukamuhebwa.
It is alleged that Atwebembeire burnt his wife to death on a farm accusing her of having another affair.
Reports indicate that a UPDF soldier, Lance Corporal Emmanuel Magala was traveling to Nabitanga trading center when he found a fire burning on a farm. But two hours later as he was returning, Magala found the fire still burning at the same spot and it was a body of a human being.
The prosecution team comprised of Lt Col Raphael Mugisha, Lt Gift Mubehamwe, and Private Regina Nanzala informed the court that investigations into the matter are still ongoing.
But Atwebembeire’s lawyers led by Elizabeth Nyansingwa, asked the court to disqualify Lt Mubehamwe from prosecuting this case saying that he is related to the accused person, and therefore he is most likely to be biased.
In response, Mugisha objected arguing that Nyansingwa was raising a bad precedent saying that under the UPDF rules of procedure, an accused person cannot object to a Judge Advocate or a Prosecutor.
But Nyansingwa insisted saying Mugisha’s submissions were not backed up by a specific regulation. This forced Judge Advocate Col Richard Tukacungurwa to clarify to the court that it was regulation 18 of the UPDF regulations which says that an accused, can object to being tried by any of the members of the court except the Judge Advocate and the Prosecutors.
Nyansingwa added she was proceeding under the constitution on the right to a fair hearing saying her client was not going to get justice.
After insisting, the Judges Advocate advised the prosecution to exclude Mubehamwe saying that it will not affect the trial since the prosecution team has many prosecutors.
Atwebembeire was accordingly remanded to Makindye Military Police Barracks until November 22nd, 2022.