Witness causes drama, turns against a Petitioner  in court

A PETITIONER’s witness caused murmuring in the High Court in Livingstone when he said he was paid to tell lies before the Court.

This is in a case in which losing independent parliamentary candidate for Livingstone Constituency Edwin Simwimba has asked the High Court to declare the election of United Party for National Development (UPND) winning candidate Mathews Jere null and void.

Alfred Milimo, 26, from Malota Township disowned Mr Simwimba by telling the Court that he was also paid by Aggefrey Brill to tell lies in court.

This was after he had earlier told the court that Mr Jere gave him a K100 note at Shanalumba Primary school in Mwalibonena ward around 12:00hrs on 11 August 2016 as a way of inducing him to vote for him.

He said  when the matter came up before High Court Judge Mwape Bowa sitting in Livingstone.

“My Lord, me am a Christian and honestly speaking and the bible that I swore before you, I was just told what to say in court by Mr Brill and I was given money for me to give this testimony. I never met Mr Jere before today and I ask for forgiveness,” Mr Milimo said.

But when called to testify before the same Court as a witness for the petitioner, Mr Brill denied the allegations against him and told the court that Mr Jere’s election as Livingstone Member of Parliament (MP) was marred by vote buying and intimidation.

“I have never met the two witnesses before other than at the lawyer’s offices during the time he wanted to confirm if we were willing to be witnesses and at the court. I didn’t give them any money. Their claim is the most illogical and malicious thing as I can not pay anyone for this petition.

“It doesn’t benefit me in anyway neither does it bring any loss to me. The claim however and lying under oath is clear proof of infiltrating of the witnesses of the petitioner by Mr. Jere who is the one buying them to lie in court, ” Mr Brill said.

In the petition Mr Simwimba is being represented by Major Isaac Masonga  from KBF and partners  while Mr Jere who is the respondent is being represented  by Paul Mulenga.

The Petitioner’s first witness Kasonde Mubanga testified before the court that on 11 August before casting his vote he was approached by Mr Jere who gave him a K50 as an inducement for him to vote for the UPND candidate.

Mr Mubanga testified  that because of the money given to him by Mr Jere he changed his mind and instead voted for Mr Jere instead of his preferred candidate Edwin Simwimba.

He told the court that after realizing that what he had done was wrong, he later told an unknown polling agent about the ordeal and later wrote a statement.

During cross examination by the respondent‘s lawyer, Mr Mubanga was asked  as  to why he didn’t  return the money to Mr Jere  upon realising that what he did was wrong to which he responded that he had already used the money by buying the groceries for his home but if  the court needed the money he was ready  to repay it.
Mr Mubanga also failed to identify the plate number and vehicle that Mr Jere was driving.

Another witness representing the petitioner, Bellow Kayumba, 26, of Zambia Railways Township in Livingstone testified before the court that on 11 August around 05:30hrs in Kariba ward Zambia Railways compound near Mars clinic, he was approached by Mr Jere who gave him a K100 note as an inducement for him to vote for the candidate.

Mr Kayumba told the court that after taking the K100 from Mr Jere he made sure he voted for him in preference for Mr Simwimba who was his preferred candidate.

He told the court that he used the K100 given to him by Mr Jere to buy mealie meal for home but later realised that what he had done was wrong and later wrote a short statement to that effect.