'Video did not capture Kabafunzaki receiving money'

Nov 30, 2018

“You cannot hear the conversation between Kabafunzaki and Hamid in a CCTV camera. So I do not know what they were talking about,” Samuel Eranya, the hotel’s security head told court as he reviewed the video.

CORRUPTION

A prosecution witness has told court that a video footage from CCTV camera did not capture embattled state minister for labour, Herbert Kabafunzaki receiving sh5m bribe from Aya Investment director Muhammad Hamid.

A video played in the Anti-Corruption Court   Thursday morning shows the duo in Kampala Serena Hotel's reception on a table but the witness said he could not tell the details of their talks.

"You cannot hear the conversation between Kabafunzaki and Hamid in a CCTV camera. So I do not know what they were talking about," Samuel Eranya, the hotel's security head told court as he reviewed the video.

 

In the video, which Eranya said he retrieved on April 8, 2017 shows Mugabo coming to the hotel first to meet Hamid before Kabafunzaki arrives with his young daughter and another co-accused, Bruce Lubowa.

Eranya made the revelation as he was being cross-examined by lawyers MacDosman Kabega and Evans Ochieng before high court judge Margret Tibulya.

The video was tendered in court by Eranya, who appeared as prosecution witness number eight in the case where Kabafunzaki and his aide Brain Mugabo who  are facing trial on charges of corruption, abuse of office and aiding and abetting of corruption.

Kabafunzaki, his personal assistant Brain Mugabo and Bruce Lubowa are accused of soliciting and receiving a bribe of sh5m from Hamid to clear his name over alleged sexual harassment of his employee.

In his statement which was read in court, Eranya stated that no money was recovered from Kabafunzaki when he was searched.

The witness also stated that CCTV cameras did not capture Kabafunzaki tearing a piece of paper which had writings in it, while in the camera control room.

Earlier, another prosecution witness had testified that Kabafunzaki tore a piece of paper and threw it through the window and was later picked by a Police officer. According to the witness, Kabafunzaki was destroying evidence.

The witness also admits that a search certificate he signed as a witness does not show that they recovered sh5m from the minister.

Eranya also revealed that the minister and his co-accused were not present at the point of recovering an envelope which contained money in the corridors of Serena Hotel. 

When further pressed by lawyer Ochieng, the witness also said the video does not show who picked the money.

The court also heard that there were variances in date of the original footage on the flash disk of April and March, this year.

Also related to this story

Kabafunzaki co-accused opts for plea bargain

Minister Kabafunzaki arrested for soliciting bribe

 

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