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Budget graft case: Court declines to have UHRC boss’ audio played, again
UHRC chairperson Mariam Wangadya (inset) testifies in court on August 8, 2024 as the accused MPs Cissy Namujju, Paul Akamba and Yusuf Mutembuli stand in the dock at the Anti-corruption court. PHOTO/JULIET KIGONGO
What you need to know:
- Wangadya was testifying against three legislators accused in the budget graft case.
Court has for the second time declined to have an audio of a meeting involving Uganda Human Rights Commission (UHRC) chairperson Mariam Wangadya and three legislators played in court for her recognition.
On Thursday, Wangadya appeared at the Anti-Corruption Division of the High Court for further hearing of her testimony in chief, which had been previously stopped pending a ruling in the presentation of the audio of the conversation between her and the three lawmakers accused of seeking a 20% kick back in the budget graft case.
Wangadya was testifying against legislators Paul Akamba (Busiki County, Namutumba), Yusuf Mutembuli (Bunyole East, Butaleja District) and Cissy Namujju Dionizza (District woman representative of Lwengo.)
On Monday, justice Lawrence Gidudu declined to have the voice recording played in court, reasoning that “it is a matter for forensic experts and the investigating officers.”
But on Thursday, prosecution led by Jonathan Muwangaya again asked court to have the audio played.
“We only want the witness to identify her voice in the audio because there is no other witness who can do so. In the alternative we shall seek court to recall the witness to identify her voice after the authenticity and admissibility of the electronic device containing her voice,” Muwangaya told court.
The trial judge concurred with the defence lawyer’s objection that a ruling was already made declining to play the audio.
Justice Gidudu held that Wangadya cannot demonstrate that only she can listen to sound which has been properly processed and explained to court by other witnesses who extracted and stored it.
Court further held that the integrity of the recording has not been established and will only be when the competent persons that handled it have testified.
“Both the Electronic Transactions Act and the Computer Misuse Act and International Good Practices require that care is taken when dealing with electronic data because it is volatile, can be modified or altered whether intentionally or by accident. The person presenting electronic data must follow the law, be competent to explain, ensure the integrity of the same and keep a trail of the processes taken when managing such data.”
The judge further told Wangadya to continue with her evidence in chief where she said she identified the three legislators in the CCTV footage that was retrieved from Hotel Africana thus prosecution ending her testimony.
Defense lawyers led by Mwesigwa Rukutana asked court for adjournment before they could cross examine Wangadya, reasoning that they needed “first discuss a few things with the clients.’
Justice Gidudu concurred with the defence team, asking them to sit down with their clients and review the CCTV footage and the said audio together before they cross examine Wangadya.
“I have only three months to conclude this case. If we find the time not sufficient, we may sit on some Saturdays., So you better prepare yourselves,” justice Gidudu held before adjourning the case to August 14.
