THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA v. THE EAST AFRICA LAW SOCIETY & ANOTHER

1. On 11th September 2014, when this Court came for the hearing of Reference No.2 of 2011, Counsel for the 1st Respondent in the main Reference (hereinafter “the Applicant”) stated that he was not ready for hearing of the above Reference and instead prayed the Court to hear Application No. 17 of 2014 filed on 2nd September 2014 by the Attorney General of Uganda, who had requested that the Application be fixed on the same day as the main Reference.
2. The aforesaid Application seeks orders that:
“1) This Honorable Court be pleased to conduct a voir Dire in respect of the admissibility of the affidavit of Mr. James Aggrey Mwamu and the electronic Digital Video Disk (DVD) evidence submitted therein filed on the 4th day of March, 2013.
2) This Honorable Court be pleased to find that the said affidavit and electronic DVD evidence submitted by James Aggrey Mwamu is inadmissible.
3) Costs be in the cause.”
3. Counsel for the Applicant averred that following the Ruling of the Appellate Division, there was a need to have clear directions on how the matter will proceed in regard with the new evidence adduced. He then asserted that the instant Application aims to determine the admissibility of the Digital Video Disk evidence filed by the Applicant in the main Reference (hereinafter “the Respondent in the Application”).
4. Counsel for the 2nd Respondent in the main Reference associated himself with Counsel for the Applicant. Recalling the definition of Voir Dire, to wit “a preliminary examination to test the competency of a witness or evidence”, he submitted that the Application ought to be heard.