IT’S trite legal standard that filed Affidavits & Court Testimony on Oath be it Examination in Chief or Cross Examination has evidential Value. The beauty of Cross examination is that it grants Court / Judge to investigate the details & conduct of the Deponent. By legal standards & subject to Courts own findings yet to come,It was evident from the Cross examination that;
- Kibalama & Kagombe Lied on Oath by way of Affidavits. This affects the evidential value of their subsequent Affidavits. To lie is to swear on a matter not believing it to be true. Its as well criminal if court makes that finding.
- The written testimony and verbal declarations in Court by the two persons Contradict in accuracy,form& content. This makes the first Affidavits more evidential as both KIBALAMA & KAGOMBE Could not lawfully purport to retract the first affidavit even before it was deponed. Meaning the subsequent contradictory affidavits were coached and ignorantly backdated to the extent of not rightly observing that you can’t retract what doesn’t exist. The original Affidavit favoring NUP would end up as the only affidavit relied on by Court & the rest expunged from Court Record if not all.
- applicants ARE NOT MEMBERS of NUP since both KIBALAMA and KAGOMBE denied ever having admitted them into the party. It means there is no way KIBALAMA and KAGOMBE could lawfully and voluntarily come to court to ADMIT and Conceded to an application of non members. This testimony contradict all subsequent Affidavits. NON PARTY MEMBERS WOULD in law lack locus or right to file the case in court against the party and as thus once court makes such finding the case would be dismissed. Certainly the NUP had earlier raised a Preliminary point of law that the applicants a one DIFAS and another have no right/locus to file the case.
- AFFIDAVITS are in law voluntary averments. Both KIBALAMA and KAGOMBE admitted to have voluntarily deponed the first Affidavit. But all subsequent Affidavits were made without their free will. They could not identify their purported new lawyers in court. They further confirmed to have met and consulted lawyers of the applicants. This points at connivance to defeat justice.
- Both KIBALAMA & KAGOMBE conceded to have handed over leadership to the current leaders and filed returns and resolutions to the Electoral Commission. They followed the legal process in change of name as well. In law that completes the process especially once gazzated by electoral commission.
- There are several contradictions in the movement,education,etc. For example KAGOMBE had lied of being an engineer . This makes them unreliable and deceitful in the eyes of the law. Only pleading aspects like duress and possibly kidnap can salvage their legal future in terms of perjury.
- In law the two WITNESSES and their evidence was sufficiently destroyed in Cross examination. Their coming to court for cross examination has aided the side of NUP and destroyed the case of who ever kidnapped them.
- Both denied claims of money from NUP. This though not pleaded in the case before Court serves to internationally clear NUP and its leaders name. The outrageous video where both KIBALAMA & KAGOMBE had made claims was dramatically denied by both.
- The ARMY has been put on the spotlight of being partisan and engaging in political activity. KIBALAMA’s testimony that he was questioned on change of party leaders and names of NUP Contradicted the earlier statements by Army spokesperson. The laws require the national Army to be non partisan. Though this puts KIBALAMAs life in even more danger and or risk.
- Interestingly the bulk of the answers favor NUP in the case before Court.
I can only say,NUP Members just remain strong and focus on the crown, unless the judge is also kidnapped along the way, it would be a legal suicide not to dismiss the entire applications as the dictates of law require in the circumstances. My views are exclusive private opinion @ Nkunyingi Muwada
KYADONDO EAST 2021