the 10,000/= which Namwandu Zziwa says was given to her by
the 2nd appellant was not a bribe, why didn’t he talk about it, at
least during cross-examination?
Bribery at Walusubi village
According to Lukwago, counsel for the appellants attacked the finding of the trial
judge on two fronts:
1.
Asadi Dembe is not a credible witness, for he swore two affidavits
and he was partisan as a campaign agent and supervisor of the
petitioner/respondent.
2.
That the respondent’s evidence, particularly the affidavit of
Mugambwa Hamzah, did not disclose the recipients’ identity and
whether they were registered voters in the Constituency.
That how
would a bribe be offered to a village?
Regarding the 1st question, Mr. Lukwago submitted that it is not at all true that Asadi
Dembe was a campaign agent and supervisor of the petitioner/respondent.
He
pointed out that the 1st affidavit signed by Asadi Ddembe was prepared by the 2nd
appellant. In that regard counsel wondered how Asadi could become a campaign
agent and supervisor of the respondent!
Mr. Lukwago further contended that if the argument of counsel for the appellants that
Asadi Ddembe is not credible because he swore two affidavits, is to carry weight, then
they are conceding that the affidavit the 2nd appellant allegedly swore in reply to that
of Mugambwa Hamuzah should have been expunged from the record. Mr. Lukwago
further pointed out that the witness was summoned for cross-examination but the 2nd
appellant opted not to cross-examine him for fear that the witness was going to spill
beans.
In counsel’s view, the trial judge rightly observed that the affidavit in
rejoinder by the witness was never rebutted.
Counsel for the appellants contend further that the petitioner’s evidence, particularly
the affidavit of Mugambwa Hamuzah, did not disclose the recipients’ identity and
whether they were registered voters in the constituency. That how could a bribe be