Don’t cross the river before you get there, judge tells state in corruption case against three MPs

The High Court Judge at the Anti-Corruption Division in Kampala, Justice Lawrence Gidudu has asked the state not to cross the river before they get there.

The judge made the remark after declining to have a voice recording of the chairperson of Uganda Human Rights Commission (UHRC), Ms Mariam Wangadya played in court while meeting with the three MPs asking her for a 20% kickback in order to enhance her budget.

The 3 MPs are; Yusuf Mutembuli (Bunyole East, Butaleja District), Paul Akamba(Busiki County, Namutumba) and Cissy Namujju Dionizza (District Woman representative of Lwengo).

While testifying against the trio Ms Wangadya told court on August 2, that she reported Mr Mutembuli’s improper solicitation of 5% of the UHRC budget to the president and she was given a recorder to record any further demands if made in future.

Court further heard that Mr Mutembuli invited Ms Wangadya for another meeting where she went with the recording device which she was instructed on how to use and thus she went ready to record the proceedings between her and the three accused people which she did and handed over the device to the police for further management.

It was further heard that Ms Wangadya handed over the device to the police for further management together with her phone for forensic examination and later called the president who was incensed with the contents of the audio recording.

However the defense lawyers protested against the states move to have the recording played in court reasoning that a forensic expert is needed to transfer the sound to another device without alterations or distortions which the judge concurred with.

“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,” Justice Gidudu ruled.

“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.” the judge added.

Justice Gidudu also noted Wangadya’s admission that she had never used the device and was not sure of the quality of sound means 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 the forensic experts and the 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.

Justice Gidudu further ruled that ..”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 that had been stopped.