Rtd.Maj.Ronald Iduuli, a lawyer has written to both the Uganda Law Society and the East African Law Society over the conduct of Lt.Gen.Andrew Gutti, the General Court Martial.
In a letter dated January 24, Iduuli, who is also the lawyer for former Bubulo West Member of Parliament, Tony Kipoi who is battling treason charges before the army court says the court chairman has on a number of occasions behaved in an unnecessary manner towards lawyers.
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“On November 19 during the hearing of Kipoi’s case,I raised an issue concerning illegal detention of my client but in what would have been a reply, the chairman of the court went personal calling me insane,”Kipoi says in his letter.
He insisted that the detention of his client (Kipoi) , a civilian at the Military police is illegal but noted that every time he seeks redress from the army court, he gets a backlash from the court chairman, Lt.Gen. Andrew Gutti.
“The court has a Judge Advocate who has a master’s degree in law whom the court chairman who didn’t study law must consult but the former has been rendered useless. He (Lt.Gen.Gutti) despite not having a law background makes his own decisions without consulting,” he said.
Article 197of the UPDF Act 2005 says there shall be a General Court Martial with a chairman not below the rank of Lieutenant Colonel appointed by the High Command to serve for a period of one year.
However, Iduuli says despite not being an advocate or qualifying to be a judge, Lt.Gen.Gutti can be reigned on by the lawyers’ bodies by condemning his actions and behavior.
“Besides, despite the Court Martial being categorized as a subordinate court to the High Court, it is not under the supervision of the Principal Judge and in such a dilemma, an aggrieved lawyer can only complain to the advocates body for purposes of raising a voice to protect its member,”Iduuli said.
He adds that he has on a number of occasions contemplated on not returning to the army court but noted as a human rights lawyer, he is always contacted by clients including civilians to represent them.
