Three MPs, accused of corruption, stand in the dock as they face charges of soliciting a 20% kickback from the Uganda Human Rights Commission (UHRC) chairperson (PHOTO/Henry Jjemba)
High Court Judge Lawrence Gidudu of the Anti-Corruption Division in Kampala has cautioned the state not to “cross the river before they get there.” The judge made this remark after declining to allow a voice recording of Uganda Human Rights Commission (UHRC) Chairperson Mariam Wangadya to be played in court. The recording was of a meeting between Wangadya and three MPs – Yusuf Mutembuli (Bunyole East, Butaleja District), Paul Akamba (Busiki County, Namutumba), and Cissy Namujju Dionizza (District Woman Representative of Lwengo) – in which they allegedly asked her for a 20% kickback to enhance her budget.
While testifying against the trio on August 2, Wangadya told the court that she had reported Mutembuli’s improper solicitation of 5% of the UHRC budget to the president and was given a recorder to record any further demands. She stated that Mutembuli invited her to another meeting, where she used the recording device, which she had been instructed on how to use, and handed it over to the police for further management.
However, the defense lawyers objected to the state’s move to play the recording in court, arguing that a forensic expert was needed to transfer the sound to another device without alterations or distortions. The judge concurred with this objection.
Justice Gidudu ruled, “At this stage, it is not disclosed by evidence what happened to the device that PW1 (Prosecution Witness One Wangadya) used to record sounds. It is therefore strange that the prosecution is introducing sounds that appear on a device different from what PW1 used.”
The judge added, “In short, we are not yet at the stage of playing sound until there is evidence on record about what happened to the device PW1 handed to the police.”
Justice Gidudu also noted Wangadya’s admission that she had never used the device and was unsure of the sound quality, which meant she stopped at handing back the gadget for further management. The judge further noted that the court has had evidence of audios and CCTV clips played, but it is a matter for forensic experts and investigating officers.
“It is not clear to me why the prosecution wants PW1 to listen to her voice when she did not play her recording. An expert that decoded the sound from the gadget can play a sound that either tallies with the testimony of PW1 or not,” Justice Gidudu ruled.
The judge further ruled, “For now, we have not reached the stage of putting a CD or flash stick in a computer to play sound. That should evolve organically from evidence. The objection is upheld.”
Wangadya is expected in court on August 8 to complete her testimony, which had been stopped.
