Kampala, Uganda: The sodomy case involving Pastor Robert Kayanja of Rubaga Miracle Centre Cathedral on Thursday hit another snag after the prosecution told court it cannot proceed due to the defence’s failure to disclose key evidence.
In a letter presented to Mwanga II Court on Wednesday, May 22, senior state prosecutor Carol Mpumwire informed the magistrate that the state’s ability to continue with the trial has been impeded by the defence team’s refusal to share the full extent of their clients’ intended testimonies.
The letter, signed by Chief State Prosecutor Jonathan Muwaganya, who was also absent from proceedings due to illness, requested the court to adjourn the case to the next scheduled date. “Owing to the unfortunate absence of prosecution counsel, we request that the case be adjourned to the next scheduled date,” the letter reads in part.
It adds: “We also take this opportunity to request for a full and complete disclosure from the defence before the next hearing date to allow for an expeditious conduct of the hearing.”
Under Uganda’s criminal procedure laws, both parties are required to disclose evidence in advance to uphold transparency and fairness in trial proceedings. The prosecution insists it has already fulfilled its obligation and now expects reciprocity from the defence to avoid what it calls “trial by ambush.”
The court, presided over by Grade One Magistrate Adams Byarugaba, had in November last year ruled that there was a prima facie case and ordered the nine accused youths to begin their defence on charges of trespassing at Rubaga Miracle Centre with the intention of annoying Pastor Kayanja.
The accused are also charged with giving false information to the police, alleging that the prominent pastor had sodomised them.
During the prosecution’s case, Pastor Kayanja appeared as the thirteenth witness and firmly denied the allegations, describing them as a continuation of malicious plots by rival pastors dating back to 2010 and 2013, incidents he said were already dismissed by courts of law.
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