High court says video evidence in Nkandu Luo petition original

High court says video evidence in Nkandu Luo petition original

HIGH Court judge Edward Musona says the video he viewed in 2016, upon which he based his decision to nullify Professor Ngandu Luo’s Munali parliamentary seat was the same content he saw on Tuesday.

Judge Musona would give a report to the Constitutional Court who would then hear the appeal before passing a verdict of whether the nullification would be upheld or not.

Ruling on whether the video that was viewed in court on Tuesday, which depicts some violence in the Munali parliamentary election that was held on August 11, 2016, judge Musona said he had compared the content he viewed on October 5, 2016 during hearing of the petition and the one he viewed on Tuesday, adding that it was the same material on which he based his judgment to nullify the seat.
He said the material was intact.

“This is the material evidence upon which this court used to nullify the Munali parliamentary election. The video is authentic,” said judge Musona.

The Constitutional Court ordered judge Musona to view the video that was produced before him last year depicting the alleged violence that characterised the Munali parliamentary election in 2016 and led to the nullification of Prof Luo’s seat.

This was after Munali UPND losing candidate Doreen Mwamba asked the Constitutional Court to set aside its order of July 18 last year that the case in which Prof Luo appealed against the nullification of her seat proceeds without the video evidence and the court ruled that the judge who viewed the video must confirm its authenticity.

High Court update
22.03.2018

Munali election petition matter between Doreen Mwamba (petitioner) and Prof Nkandu Luo (respondent) in the High Court of Zambia Holden at Lusaka.

Judge: Edward Musona

Ruling

This follows a directive from the Concourt that this court views a video which depicts some violence in the munali campaigns

This is to ascertain the authenticity of the video.

my observation is that what i saw on 5th Oct 2017 is the same as what i saw on 20th March 2018

This is because this is a court of facts and i took notes which formed part of the case records.

on 20th March 2018,I also took notes and took time to compare the two viewings.

This can be verified from the records of proceedings from my notes of 5th Oct 2016

Am satisfied that the material evidence upon which this court based it’s nullification of the munali seat is authentic.

Court rise!!

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