Kayanja shows up in court over sodomy case

Sep 08, 2011

PASTOR Robert Kayanja yesterday appeared in court to testify as a witness in a sodomy case against four pastors. This was after he was summoned last week.

By Anne Mugisa

PASTOR Robert Kayanja yesterday appeared in court to testify as a witness in a sodomy case against four pastors. This was after he was summoned last week.

Magistrate John Patrick Wekesa told him that by showing up in court, he had saved his case from being closed.

“On September 1, I ordered you to come today. Though I am sick, I had to come to court,” Wekesa said.

The pastors under trial are Solomon Male, Michael Kyazze, Martin Ssempa and Robert Kayiira. Their co-accused are Dorothy Kyomuhendo and David Mukalazi.

The case, was, however, prematurely adjourned after lawyers on both sides clashed over prosecution’s presentation of recorded radio talkshow recordings.

The defence lawyers protested that Super FM, which says it recorded the talkshow, had refused to tender in the recordings to the Broadcasting Council for authentication.

They argued that the recordings cannot, therefore, be tendered in court.

The lawyers also complained that the evidence was contrary to court procedure.

Super FM presenter Mulindwa Muwonge told court that there were recordings implicating the four suspects.

Muwonge said he was suspicious of Brian Ntwatwa, the victim, who went to the station unexpectedly and offered his story.

“He said he was hoodwinked into alleging that Pastor Kayanja was a homosexual. He accused Mukalazi of sodomy,” Muwonge said.

Court heard that when Muwonge asked Ntwatwa if he had talked to Kyazze about his fears, he said no, but later accepted to call Kyazze while off air.

According to Muwonge, Ntwatwa introduced himself to Kyazze and then said: “I lied when I said Pastor Kayanja sodomised me.”

Muwonge was, however, interrupted by the defence lawyers who protested that the recording was not a police exhibit.

“Our fear stems from the fact that Super FM declined to furnish this material to the Broadcasting Council. Please do not allow it until it is authenticated,” defence lawyer Isaac Walukagga said.

“This evidence needs to be certified by the body mandated to regulate such broadcasts or publications,” Edward Sekabanja protested.

Another defence lawyer, Francis Gimara, said the Electronics Act lays down the procedures of admissibility of electronic evidence.

He argued that the Act stipulates that before admitting such evidence, court must be satisfied about its integrity. The case resumes today at 9:00am.

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