High Court judge Musoke Kibuuka has rejected an application by David Bwambale representing Singh Katongole to have the petitioner, Moses Kasibante to be recalled to the stand.
Kampala High Court judge, Musoke Kibuuka, has rejected an application by David Bwambale representing Singh Katongole to have the petitioner, Moses Kasibante to be recalled to the dock.
Musoke argued that it would equal to reopening the case yet the petitioner had for two consecutive days been in the dock and was not cross examined by Singh’s camp. He pointed out that Singh had the opportunity to cross-examine but did not.
Musoke ruled that the matter would be prejudicial yet the electoral petitions are governed by rules of procedure.
Earlier Bwambale had wanted to cross examine Moses Kasibante, on the additional affidavit he filed in court. He argued that he was not the lawyer at the time when Kasibante gave his testimony and it would only be fair to recall him for cross examination.
Justice Musoke also issued the date in which judgment will be delivered. He set 17th October 2011 as judgment day after all the three parties have submitted written submissions.
He ordered that the written submission should concentrate on the main issues of the petition arguing that court already had too many pages to peruse. He pointed out that he had about 453 pages of written material in court and another 500 pages of other documents that court must use to consider the matter.
The presiding judge also asked the lawyers to abide by the timetable of submitting their written submissions. This will enable him deliver the judgment in time.
Katongole was dragged to court by Moses Kasibante, who was first declared elected but his victory over turned following a controversial vote recount exercise.
In his petition, Kasibante accuses EC of conniving with Katongole to rob him of his victory through an illegal vote recount exercise.
The disputed vote recount was conducted by Phillip Odoki, the Mengo chief magistrate in a breach of a High Court order secured by Kasibante blocking the excercise.
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