evidence of Najovu pins the presiding officer, she opts to keep quiet about it.
On the question of ferrying students from Greenville S.S to vote at Takkajunge
polling station, counsel for the appellants attack the finding of the trial Judge,
specifically on the questions raised by the judge at page 44 and contend that the trial
judge shifted the burden of proof to the appellants. According to Lukwago, the judge
was pointing out contradictions and discrepancies in the appellants’ evidence. In
counsel’s view, all the questions raised by the judge were supposed to be answered by
the appellants’ witnesses if only their evidence was to be believed.
Counsel for the appellants further contend that the respondent had a burden to prove
that the students were not on the register and that some of them were underage. Mr.
Lukwago’s reply is that the respondent evidence, which was believed by the trial
judge, is quite clear that these students never identified themselves and the presiding
officer was not checking their names on the register, not even producing their cards.
Appellants’ counsel further argue that it is not known for whom the students voted
especially when the election was for three categories of candidates. Mr. Lukwago
pointed out that the respondent’s witness, one Ssenyondo Moses asserted in para. 4 of
his affidavit that these students were under the patronage of 2nd appellant’s
campaigner, councillor Namubiru.
Mr. Lukwago submitted that neither the 2nd
appellant nor councillor Namubiru rebutted this averment.
There is also a contention that Nakiwala Prossy did not contradict Kyambadde as the
former talked of 10 students yet the latter claims they were 20.
Lukwago, this is a fact which is obvious.
According to
Counsel further contend that since
Nakiwala was handling three categories of elections, she could not have counted the
voters from Greenville. In counsel’s view, this contention is hypothetical and not
supported by evidence as Nakiwala claims she took trouble to count them and they
were only 10 students.
Seeta IV Polling Station
Counsel for the appellants attacked the finding of the trial judge on the incident at