Proceedings from Friday’s cross examination of ASP Bill Ndyamuhaki by Adv. Derrick Bazekuketta, Legal Expert on Computer and the Law.
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HAPPENING NOW:
Cross examination of ASP Bill Ndyamuhaki continues by Adv. Isaac Ssemakadde.
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Cross examination of ASP Bill Ndyamuhaki continues by Adv. Isaac Ssemakadde.
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Dr. Stella Nyanzi is back at Buganda Road Magistrates Court for the cross examination of ASP Bill Ndyamuhaki, the State witness.
Mr. Ndyamuhaki is a digital forensic analyst with @PoliceUg’s Cyber Crimes Unit.
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Mr. Ndyamuhaki is a digital forensic analyst with @PoliceUg’s Cyber Crimes Unit.
#FreeStellaNyanzi
#PushforStellaNyanzi
#DroptheCharges
Q: What are your qualifications?
A: I am an ethical hacker and digital forensics analyst.
Q:Did you do any hacking in this case?
A: No.
Q: You mention probing and analysis during the investigations. Do you submit that this didn’t involve hacking?
A: Yes.
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A: I am an ethical hacker and digital forensics analyst.
Q:Did you do any hacking in this case?
A: No.
Q: You mention probing and analysis during the investigations. Do you submit that this didn’t involve hacking?
A: Yes.
#FreeStellaNyanzi
Q: When did you join the Police Academy?
A: July 2011
Q: During that time, did you practice any mobile/digital hacking with any institution?
A: No
Q: Do the teach mobile forensics at the Police Academy?
A: No
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A: July 2011
Q: During that time, did you practice any mobile/digital hacking with any institution?
A: No
Q: Do the teach mobile forensics at the Police Academy?
A: No
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Q: Do they teach mobile/digital forensics at Makerere University’s Faculty of ICT?
A: At the time I was there, they didn’t teach it.
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A: At the time I was there, they didn’t teach it.
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Q:After the Academy, were you posted to the Cyber Crimes Unit of Police?
A: No. I was posted to the HQ at Naguru.
Q: What were your responsibilities there?
A: General computer maintenance and security.
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A: No. I was posted to the HQ at Naguru.
Q: What were your responsibilities there?
A: General computer maintenance and security.
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Q: These certificates in ethical hacking, how long did you train for them?
A: One month.
Q: Where?
A: Naguru
Q: And Certified forensic investigator?
A: One month
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A: One month.
Q: Where?
A: Naguru
Q: And Certified forensic investigator?
A: One month
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Q: So you submit that you received only 2 months of training in this fields?
A: Yes.
Q: Detective Bill, how many criminal cases have you appeared in as a digital analyst?
A: I can’t tell, but they are many.
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A: Yes.
Q: Detective Bill, how many criminal cases have you appeared in as a digital analyst?
A: I can’t tell, but they are many.
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Q: What should we record as your experience? In how many have you appeared as an expert witness in the dock?
A: I can’t recall.
Q: Detective, I put it to you that this is your 1st case as an expert.
A: That is negative
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A: I can’t recall.
Q: Detective, I put it to you that this is your 1st case as an expert.
A: That is negative
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Q: Give us examples of the cases you have appeared in as an expert digital forensics analyst.
A: I would have to refer to the records.
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A: I would have to refer to the records.
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Q: Are you aware of the concept of the presumption of innocence?
A: Yes.
Q: Is the accused a convict in any criminal case in Uganda?
A: No.
Q: Are you aware of the burden of proof as an investigator?
A: Yes
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A: Yes.
Q: Is the accused a convict in any criminal case in Uganda?
A: No.
Q: Are you aware of the burden of proof as an investigator?
A: Yes
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Q: What is the burden of proof?
A: The burden falls on the investigator to prove beyond reasonable doubt that the accused committed the crime.
Q:Detective, do you have any expertise/experience in the fielding literature?
A: No
#FreeStellaNyanzi
A: The burden falls on the investigator to prove beyond reasonable doubt that the accused committed the crime.
Q:Detective, do you have any expertise/experience in the fielding literature?
A: No
#FreeStellaNyanzi
Q: Do you have any experience in the field of culture?
A: No
Q: Do you have any expertise in the field of Human Rights?
A: No
Q: In the course of this investigation, did you consult an experts in the above fields?
A: No
#FreeStellaNyanzi
A: No
Q: Do you have any expertise in the field of Human Rights?
A: No
Q: In the course of this investigation, did you consult an experts in the above fields?
A: No
#FreeStellaNyanzi
Q: In the course of your investigations, did you establish any expertise possessed by the accused in any of the fields?
A: No
Q: Are you aware of the accused’s expertise in the fields?
A: No?
#FreeStellaNyanzi
A: No
Q: Are you aware of the accused’s expertise in the fields?
A: No?
#FreeStellaNyanzi
Q: Did you attempt to interpret the information disclosed by Makerere University?
A: I considered what was relevant to my investigations
Q: And you considered the accused’s expertise to be irrelevant in this matter?
A: Yes
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A: I considered what was relevant to my investigations
Q: And you considered the accused’s expertise to be irrelevant in this matter?
A: Yes
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Q: With what expertise did you embark upon the business of interpreting the post in question?
A: As an investigating officer with a degree in Computer science and 2 months of training. I also used the Computer Misuse Act.
#FreeStellaNyanzi
A: As an investigating officer with a degree in Computer science and 2 months of training. I also used the Computer Misuse Act.
#FreeStellaNyanzi
Q: Does the Act state any standards in the enforcement of the Act?
A: No
Q: Does the Police have any written standards in interpretation?
A: No
Q: Has the DPP issued any such standards for the CID?
A: I can’t tell
#FreeStellaNyanzi
A: No
Q: Does the Police have any written standards in interpretation?
A: No
Q: Has the DPP issued any such standards for the CID?
A: I can’t tell
#FreeStellaNyanzi
Q: Are you aware of any standards issued by the Judiciary on Sections 24 & 25?
A: I am not are of any.
Q: What about on protection of the Freedom of expression in Uganda generally?
A: I am not aware
#FreeStellaNyanzi
A: I am not are of any.
Q: What about on protection of the Freedom of expression in Uganda generally?
A: I am not aware
#FreeStellaNyanzi
Q: And DPP?
A: I am not aware.
Q: Has your department developed any standards in the protection of freedom of expression in Uganda generally?
A: I am not aware.
#FreeStellaNyanzi
A: I am not aware.
Q: Has your department developed any standards in the protection of freedom of expression in Uganda generally?
A: I am not aware.
#FreeStellaNyanzi
Q: So how did you establish that the post in issue contained obscene language? What test did you use?
A: I looked at the content
Q: And you measured it against what standards?
A: Acceptable standards in the community.
#FreeStellaNyanzi
A: I looked at the content
Q: And you measured it against what standards?
A: Acceptable standards in the community.
#FreeStellaNyanzi
Q: Are you aware of any pronouncements of court concerning that test you have given?
A: I am not aware
Q: Shouldn’t your department concern itself with judicial standards set concerning this particular field on feeding of expression in Uganda?
A: I don’t know.
#FreeStellaNyanzi
A: I am not aware
Q: Shouldn’t your department concern itself with judicial standards set concerning this particular field on feeding of expression in Uganda?
A: I don’t know.
#FreeStellaNyanzi
Q: What is that test you used?
A: When any post is put out there insulting the private parts of a woman, saying that they are smelly, that the vaginal canal is itchy and diseased. That is not the acceptable standard in the community.
#FreeStellaNyanzi
A: When any post is put out there insulting the private parts of a woman, saying that they are smelly, that the vaginal canal is itchy and diseased. That is not the acceptable standard in the community.
#FreeStellaNyanzi
Q:What determines acceptable standards of the community in the context of freedom of expression?
A: I don’t know of any test. But any post that talks about a dead woman’s clitoris is unacceptable in African culture.
According to me, it is obscene.
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A: I don’t know of any test. But any post that talks about a dead woman’s clitoris is unacceptable in African culture.
According to me, it is obscene.
#FreeStellaNyanzi
Q: So you are saying that you don’t know the parameters of acceptability?
A: I don’t know.
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A: I don’t know.
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Q: Are you qualified in literature?
A: I studied literature at S.4.
Q: So your certificate in literature is the Uganda Certificate of Education?
A: We did the paper and it came out.
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A: I studied literature at S.4.
Q: So your certificate in literature is the Uganda Certificate of Education?
A: We did the paper and it came out.
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Q: Is there anything more you see in the first stanza?
A: No. I just see Esteri’s cunt.
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A: No. I just see Esteri’s cunt.
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At this point, Dr. Stella Nyanzi calls out the rotten minds of the readers of her poetry. “There are many words in the stanza, and all you see is the word, cunt? The readers’ minds are diseased. There is oppression, repression and suppression and all you see is cunt?”
“And these are the people interpreting my poetry?!”
H.W Kamasanyu asks her to calm down and let the proceedings continue.
#FreeStellaNyanzi
H.W Kamasanyu asks her to calm down and let the proceedings continue.
#FreeStellaNyanzi
Going through every stanza, Adv. Ssemakadde ask if the writer uses any language to draw any comparison. Words; ‘as’, ‘just like’
At every stage, ASP Bill says that he sees the words, but there is nothing inviting the reader to draw comparisons.
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At every stage, ASP Bill says that he sees the words, but there is nothing inviting the reader to draw comparisons.
#FreeStellaNyanzi
Q: Do you claim to have no ability to interpret a poem?
A: No
Q: Is this a poem?
A: No, it’s a post
Q: Is it a piece of literature?
A: It’s a written posting
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A: No
Q: Is this a poem?
A: No, it’s a post
Q: Is it a piece of literature?
A: It’s a written posting
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Q: What is the purpose of this post?
A: An abuse to Yoweri Kaguta Museveni.
Q: What is the purpose of that ‘abuse’?
A: I don’t know the purpose
Q: Is it unacceptable in contemporary Africa to discuss death in a post?
A: No
#FreeStellaNyanzi
A: An abuse to Yoweri Kaguta Museveni.
Q: What is the purpose of that ‘abuse’?
A: I don’t know the purpose
Q: Is it unacceptable in contemporary Africa to discuss death in a post?
A: No
#FreeStellaNyanzi
Q: Is it unacceptable in contemporary African standards to discuss a stillbirth?
A: No
Q: Is it unacceptable in contemporary African standards to express rage against a dictator?
A: No
#FreeStellaNyanzi
A: No
Q: Is it unacceptable in contemporary African standards to express rage against a dictator?
A: No
#FreeStellaNyanzi
Q: Is it unacceptable in contemporary African standards to discuss sexual parts in writing?
A: No.
Q: Can you distinguish between an author and a speaker of a poem?
A: The author writes and the speaker speaks it out.
#FreeStellaNyanzi
A: No.
Q: Can you distinguish between an author and a speaker of a poem?
A: The author writes and the speaker speaks it out.
#FreeStellaNyanzi
Q: Do you appreciate the concept of a persona in a poem?
A: No
Q: Is there a person speaking in the post you just read?
A: There are 2 persons i.e. YKM am d Estero Kokundeka.
Q: Are you familiar with these people in real life?
A: Estero is the late and YKM is the president.
A: No
Q: Is there a person speaking in the post you just read?
A: There are 2 persons i.e. YKM am d Estero Kokundeka.
Q: Are you familiar with these people in real life?
A: Estero is the late and YKM is the president.
Q: This Museveni that you know, is he the one who has “suffocated us with oppression, repression and suppression”?
A: No
Q: So are there 2 Musevenis in the post?
A: No
#FreeStellaNyanzi
A: No
Q: So are there 2 Musevenis in the post?
A: No
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Q: Is Yoweri Kaguta Museveni the one who has “sowed and watered into our economy the bleeding tentacles of corruption”?
A: No
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A: No
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Q: Is Yoweri Kaguta Museveni the president of this republic, the one who has “corroded all morality and professionalism out of our public institutions”?
A: ... repeat the question...
Adv. : Let us move on.
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A: ... repeat the question...
Adv. : Let us move on.
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Through every stanza, Adv. Ssemakadde asks if the Yoweri therein is the President.
A: Yes.
Adv. asks if he is the one who has done what the author is accusing him of (corruption, unemployment)
A: No
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A: Yes.
Adv. asks if he is the one who has done what the author is accusing him of (corruption, unemployment)
A: No
#FreeStellaNyanzi
#PushforStellaNyanzi
Moving on the obscenity and indecency of the word vagina, H.W Kamasanyu asks that any children in the court be removed.
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Q: You say that the language is obscene, according to African culture? What is African culture?
A: The culture in Africa
Q: Is Africa a country or tribe?
A: It is a continent.
Q: How many tribes are in Uganda, per the 1995 Constitution?
A: There are many.
#FreeStellaNyanzi
A: The culture in Africa
Q: Is Africa a country or tribe?
A: It is a continent.
Q: How many tribes are in Uganda, per the 1995 Constitution?
A: There are many.
#FreeStellaNyanzi
Q: 52. Do they all have the same cultures and norms?
A: No.
Q: How many cultures did you inquire into in your investigation?
A: Bahima, Baganda, Bakiga...
#FreeStellaNyanzi
A: No.
Q: How many cultures did you inquire into in your investigation?
A: Bahima, Baganda, Bakiga...
#FreeStellaNyanzi
Q: Do African peoples source their definitions of their cultures from the dictionary of the English people?
A: Yes.
🤦🏾♀️
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#DroptheCharges
A: Yes.
🤦🏾♀️
#FreeStellaNyanzi
#PushforStellaNyanzi
#DroptheCharges
Q: Do you understand a metaphor?
A: No
Q: Do you understand a figure of speech?
A: No.
Q: Do you understand a simile?
A: No.
#FreeStellaNyanzi
#PushforStellaNyanzi
A: No
Q: Do you understand a figure of speech?
A: No.
Q: Do you understand a simile?
A: No.
#FreeStellaNyanzi
#PushforStellaNyanzi
Q: Do you possess a PLE certificate offered by UNEB?
A: Yes
Q: Did you sit the paper, English for Primary Leavers?
A: Yes
Q: Did you pass?
A: Yes
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A: Yes
Q: Did you sit the paper, English for Primary Leavers?
A: Yes
Q: Did you pass?
A: Yes
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Q: Did you interact with feminism or feminist literature during the course of your investigation?
A: No
Q: Did you interview any woman during your investigation?
A: No
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#PushforStellaNyanzi
#DroptheCharges
A: No
Q: Did you interview any woman during your investigation?
A: No
#FreeStellaNyanzi
#PushforStellaNyanzi
#DroptheCharges
Q: Detective Bill, where do babies come from?
A: From the womb uterus.
Q: Where do they come out from?
A: From the vagina.
#FreeStellaNyanzi
#PushforStellaNyanzi
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A: From the womb uterus.
Q: Where do they come out from?
A: From the vagina.
#FreeStellaNyanzi
#PushforStellaNyanzi
#DroptheCharges
Q: Are you aware that some babies die at birth?
A: No
Q: Is there anything about a stillbirth that would enrage the people?
A: No.
Q: Did your ignorance on child mortality inform your decision in finding the post indescent?
A: No
#FreeStellaNyanzi
#PushforStellaNyanzi
A: No
Q: Is there anything about a stillbirth that would enrage the people?
A: No.
Q: Did your ignorance on child mortality inform your decision in finding the post indescent?
A: No
#FreeStellaNyanzi
#PushforStellaNyanzi
We confirm that you did not interview any woman concerning their feelings or reactions to this post.
A: Correct
Q: Where do you base your view that use of the word vagina in public discourse is offensive?
A: Not just use of the word, but insulting the vagina.
#FreeStellaNyanzi
A: Correct
Q: Where do you base your view that use of the word vagina in public discourse is offensive?
A: Not just use of the word, but insulting the vagina.
#FreeStellaNyanzi
Q: Since we are using your views, does your objection to the use of the word vagina come from your religious views?
A: Yes
Q: What is that religion?
A: Protestant of the Church of Uganda.
#FreeStellaNyanzi
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#DroptheCharges
A: Yes
Q: What is that religion?
A: Protestant of the Church of Uganda.
#FreeStellaNyanzi
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Q: And that is the basis for this deeply held view?
A: And any other reasonable member of society who shares the religious views.
#FreeStellaNyanzi
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A: And any other reasonable member of society who shares the religious views.
#FreeStellaNyanzi
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The accused’s subscriber registration form is projected.
Q: Is a sim card capable of communication, minus a phone?
A: No
Q: Does the gov’t of Ug keep records of Facebook users in Uganda?
A: No
Q: Who does?
A: Facebook
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Q: Is a sim card capable of communication, minus a phone?
A: No
Q: Does the gov’t of Ug keep records of Facebook users in Uganda?
A: No
Q: Who does?
A: Facebook
#FreeStellaNyanzi
#PushforStellaNyanzi
#DroptheCharges
Q: Did you consider/investigate any other suspects regarding the case in issue?
A: Yes
Q: How many?
A: They were many, more than 3
Q: How many are listed in your preliminary report?
A: Only 1
#FreeStellaNyanzi
#PushforStellaNyanzi
#DroptheCharges
A: Yes
Q: How many?
A: They were many, more than 3
Q: How many are listed in your preliminary report?
A: Only 1
#FreeStellaNyanzi
#PushforStellaNyanzi
#DroptheCharges
Q: I put it to you that as soon as you received this report, you were biased in thinking that the prisoner in the dock was the only suspect.
A: That is not true
Q: For how long did you hold the accused in custody before presenting her in court?
A: I don’t recall
A: That is not true
Q: For how long did you hold the accused in custody before presenting her in court?
A: I don’t recall
Q: Did you observe the 48-hour rule?
A: I don’t recall
Q: I put it to you that according to your statement, you admit to holding the accused beyond 48hr timeline, and you know it.
A: Yes
Adv: That illegality is evidence of a grudge and bad faith against the accused.
A: I don’t recall
Q: I put it to you that according to your statement, you admit to holding the accused beyond 48hr timeline, and you know it.
A: Yes
Adv: That illegality is evidence of a grudge and bad faith against the accused.
Q: When was the accused arraigned before court?
A: 9th November
Q: Do you have any witness statements before the 2nd of November? (date of arrest)
A: No
#FreeStellaNyanzi
A: 9th November
Q: Do you have any witness statements before the 2nd of November? (date of arrest)
A: No
#FreeStellaNyanzi
Q: I put it to you that you gathered no other evidence and the reason for the accused’s detention was to zero in on her as Dr. Stella Nyanzi.
A:That is not true
#FreeStellaNyanzi
#PushforStellaNyanzi
#DroptheCharges
A:That is not true
#FreeStellaNyanzi
#PushforStellaNyanzi
#DroptheCharges
Q: Does the Uganda government use any other digital forensics experts besides yourself?
A: I am not aware
Q: Are you aware of the Gemalto Investigation?
A: I am not aware.
#FreeStellaNyanzi
#PushforStellaNyanzi
A: I am not aware
Q: Are you aware of the Gemalto Investigation?
A: I am not aware.
#FreeStellaNyanzi
#PushforStellaNyanzi
Q: Does the government have a digital forensics expert on call to aid in the administration of justice?
A: I am not aware
Q: If you had another opportunity, would you conduct this investigation better?
A: What I did was the best.
#FreeStellaNyanzi
#PushforStellaNyanzi
A: I am not aware
Q: If you had another opportunity, would you conduct this investigation better?
A: What I did was the best.
#FreeStellaNyanzi
#PushforStellaNyanzi
Q:For purposes of the CMA S. 24, which computer was used to make this communication?
A: That was not established.
#FreeStellaNyanzi
#PushforStellaNyanzi
A: That was not established.
#FreeStellaNyanzi
#PushforStellaNyanzi
Adv. seeks to tender in 3 documents as exhibits for the defense.
Police statement by ASP
Preliminary report of 25th Sept.
Communication from AIGP Akullo to Principal secretary of the President
A permit authorizing the witness to obtain an order on behalf of the President.
Police statement by ASP
Preliminary report of 25th Sept.
Communication from AIGP Akullo to Principal secretary of the President
A permit authorizing the witness to obtain an order on behalf of the President.
State objects to admission of the 3rd document since the witness was not the author.
In her ruling, H.W Kamasanyu admits all 3 documents as Defense exhibits. The witness had knowledge of the 3rd document and it came into his possession during the course of investigation.
In her ruling, H.W Kamasanyu admits all 3 documents as Defense exhibits. The witness had knowledge of the 3rd document and it came into his possession during the course of investigation.
After deliberations, the matter is adjourned for reexamination on the 17th of May, 2019.
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#FreeStellaNyanzi
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#DroptheCharges
@threadreaderapp unroll please
