iv)
As for the assertion that the relationship between one
Lukabwe and the 2nd appellant, Mr. Lukwago pointed out that
the name Lukabwe was introduced at the trial by Namwandu
Zziwa who invited him together with the 2nd appellant to come
to her home and meet disabled and elderly voters.
When
asked about the role of Lukabwe in the 2nd appellant’s
campaign, she responded as follows:
“He was the one looking for votes. That is the reason I
invited both of them”.
v)
The contention that the learned trial Judge made no reference to
the other two witnesses; Oguzwa David and Maali Kawalaata,
Mr. Lukwago hastened to point out that there were two acts of
bribery at Nakumbo village. The first one was at the home of
Namwandu Zziwa, and the second one was at Birato’s home.
Counsel pointed out that the affidavit of Maali Kawalaata was specifically
about the act of bribery at Birato’s home. According to counsel, the trial
judge made no findings against the 2nd appellant on that incident. In the
premises, there is no legal grievance suffered by the 2nd appellant. The same
applies to the affidavit of Oguzwa David which dealt with events of 7th March
2006, long after the elections.
vi)
The contention that the trial judge stated that it was the 2nd
appellant who gave the 10,000/=, Mr. Lukwago submitted that
the record is clear that Namwandu Zziwa said that she received
the 10,000/= from the 2nd appellant.
vii) Mr. Lukwago submitted that the argument that the judge was
wrong to blame the 2nd appellant for not mentioning the
10,000/= since it was not mentioned in the affidavit, he was
replying to is equally untenable.
According to counsel, in
pointing out the said fact, the trial Judge was pointing out
discrepancies in the totality of the 2nd appellant’s evidence
which pointed to deliberate falsehood. Mr. Lukwago asked, if