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Tuesday,November 24,2020 01:37 AM

'Evidence Is Hearsay'

By Vision Reporter

Added 10th April 2001 03:00 AM

THE Yoweri Museveni team yesterday said the affidavits signed by Col. Kizza Besigye and MPs Winnie Byanyima, Major Okwir Rabwoni and Okello-Okello were defective and should be struck out.

THE Yoweri Museveni team yesterday said the affidavits signed by Col. Kizza Besigye and MPs Winnie Byanyima, Major Okwir Rabwoni and Okello-Okello were defective and should be struck out.

By Vision Reporters THE Yoweri Museveni team yesterday said the affidavits signed by Col. Kizza Besigye and MPs Winnie Byanyima, Major Okwir Rabwoni and Okello-Okello were defective and should be struck out. Museveni's counsel, Didas Nkurunziza, said the evidence of Besigye and his wife Winnie was 'hearsay' and breached the Rules of Civil Procedure. Museveni's counsels Nkurunziza, Sam Bitangaro and Dr John Khaminwa made submissions during the day-long hearing presided over by Chief Justice Benjamin Odoki. Nkurunziza said 11 affidavits filed by Besigye were also in breach of the law and should be struck out. These included affidavits sworn by MP Okello-Okello, Edith Byanyima, Louis Otika, Joseph Mugalula, W. Nalusiba, Dr Sekasambu, David Mukasa, Frank Mukunzi, Henry Muhwezi and Major Ruranga Rubaramira. Citing a number of legal authorities, Nkurunziza said affidavits based on hearsay were inadmissible and could not be "used at the hearing." Nkurunziza cited an affidavit about the arrest of Major Rabwoni and said Besigye was merely stating a story that was narrated to him by Rabwoni. "Hon. Winnie Byanyima's affidavit is riddled with hearsay," Nkurunziza said adding that the affidavit was based on information from "named and unnamed persons." He cited a section where Byanyima stated that her information about the population of Mbarara Municipality was based partly on press reports. On Rabwoni's affidavit, Nkurunziza contended that it was in breach of the Statutory Declaration Act Number 10 of 2000. He said Rabwoni swore the affidavit outside Uganda. He said the law required that such an affidavit be registered before a registrar of documents on payment of a fee for purpose of authenticity. "There is no evidence it was registered," he said. He said affidavits sworn by Okello-Okello, Edith Byanyima, Otika, Mugalula, Nalusiba, Sekasambu, Mukasa, Mukunzi, Muhwezi and Ruranga Rubaramira, were defective because they were commissioned by commissioners of oaths who are also representing Besigye in the court. He said these affidavits were consequently "just signed papers" that cannot be taken as affidavits. Khaminwa said the majority of Besigye's witnesses were not worthy and should not be believed. He said they were people on "the petitioner's payroll." Ends

'Evidence Is Hearsay'

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