Lawyers reject tape evidence in sodomy case
Sep 19, 2011
THE defence lawyers in the case that has pitted city pastors against each other over sodomy allegations have insisted that the State is trying to smuggle doctored evidence into court.
By Anne Mugisa
THE defence lawyers in the case that has pitted city pastors against each other over sodomy allegations have insisted that the State is trying to smuggle doctored evidence into court.
Prosecution wants to present as evidence, a recording of a Super FM talk-show which is said to contain a conversation between Brian Ntwatwa and Pastor Michael Kyazze about the sodomy allegations against pastor Robert Kayanja.
Super FM presenter Mulindwa Muwonge had reportedly testified in court that Ntwatwa told Kyazze over the phone that he was misled into alleging that Kayanja sodomised him.
The defence lawyers yesterday complained in court that prosecution was adamant despite clear constitutional provisions directing the handling of electronic recordings.
They said the manner in which the said data was generated, stored and communicated must be carefully authenticated before it is used as evidence. The lawyers said prosecution had not indicated that there was such evidence to be relied on in court.
Pastors: Solomon Male, Michael Kyazze, Martin Ssempa and Robert Kayiira are being tried for allegedly accusing Kayanja of sodomy.
The pastors are jointly accused with Dorothy Kyomuhendo and David Mukalazi. Buganda Road Court magistrate John Patrick Wekesa is hearing the case.
The case that was adjourned last week resumed yesterday with the State Attorney asking the court to dismiss the objection to the evidence.
THE defence lawyers in the case that has pitted city pastors against each other over sodomy allegations have insisted that the State is trying to smuggle doctored evidence into court.
Prosecution wants to present as evidence, a recording of a Super FM talk-show which is said to contain a conversation between Brian Ntwatwa and Pastor Michael Kyazze about the sodomy allegations against pastor Robert Kayanja.
Super FM presenter Mulindwa Muwonge had reportedly testified in court that Ntwatwa told Kyazze over the phone that he was misled into alleging that Kayanja sodomised him.
The defence lawyers yesterday complained in court that prosecution was adamant despite clear constitutional provisions directing the handling of electronic recordings.
They said the manner in which the said data was generated, stored and communicated must be carefully authenticated before it is used as evidence. The lawyers said prosecution had not indicated that there was such evidence to be relied on in court.
Pastors: Solomon Male, Michael Kyazze, Martin Ssempa and Robert Kayiira are being tried for allegedly accusing Kayanja of sodomy.
The pastors are jointly accused with Dorothy Kyomuhendo and David Mukalazi. Buganda Road Court magistrate John Patrick Wekesa is hearing the case.
The case that was adjourned last week resumed yesterday with the State Attorney asking the court to dismiss the objection to the evidence.