Police Doctor Returns to Mwanga II Court with more evidence as pastor Kayanja sodomy Case Continues

The hearing of the case in which nine young men are accused of trespassing at Miracle Centre Cathedral and allegedly making accusations against Pastor Robert Kayanja has resumed at Mwanga II Magistrate’s Court in Mengo.

Dr Bwambale Phenehas, a police doctor who examined some of the accused persons, returned to court and completed giving his evidence after being questioned by both sides.

Dr Bwambale told court that, after conducting his examinations, his report did not contain the bias alleged by the prosecution.

He further confirmed that two of the young men he examined tested positive, although the specific meaning and implications of the results were contested during the proceedings.

The testimony triggered disagreement between the prosecution and defence teams.

Prosecutor Jonathan Muwaganya challenged the doctor's statement, arguing that his evidence indicated that there were acts of sodomy involving two of the accused persons.

The magistrate ruled that both sides were entitled to make submissions on the witness's statement and directed Dr Bwambale to proceed with his evidence.

During an earlier court session, Dr Bwambale had testified that two of the seven accused persons he examined had injuries or abnormalities in their anal regions, which he said were associated with damage to the anal sphincter.

However, he explained that such injuries could result from different circumstances. He mentioned possibilities including sexual activity involving penetration, a person falling and landing on the area, or other forms of injury.

The doctor also told court that the request he received to examine the accused persons was not a referral from another doctor.

After completing cross-examination, the magistrate allowed Dr Bwambale to leave the witness stand.

Defence Seeks Admission of Altered Audio and Video Evidence:

The defence lawyers also raised a separate issue concerning audio and video recordings connected to the case.

Lawyer Ojambo told court that the defence had experienced difficulties obtaining an expert witness who had previously translated and transcribed the recordings at Makerere University’s School of Languages.

According to Ojambo, the defence initially had no relationship with the witness and therefore faced challenges in securing his attendance.

He said the defence subsequently approached Uganda Broadcasting Corporation (UBC), requesting that the recordings be altered or processed in accordance with what the defence required.

Ojambo told court that the first request was submitted on April 4 this year. A second request was made to UBC on September 10.

He said UBC responded by asking the defence to make the required payment, which the defence did.

The lawyer told court that on September 30, UBC provided the defence with copies of the audio and video recordings in the requested form.

The defence then attempted to serve the materials on the prosecution, but the prosecution allegedly declined to receive them, telling the defence that it would have to formally apply to court regarding the matter.

Ojambo said the defence had also received a court summons dated September 29 requiring the witness to appear in court and give evidence.

He asked the court, in the interest of justice, to allow the prosecution to be served with the amended recordings so that the defence could conclude its evidence, since the witness was the final defence witness.

Prosecution Opposes New Evidence:

The prosecution, led by Jonathan Muwaganya, opposed the defence application.

Muwaganya argued that, at the stage the case had reached, the defence could not introduce a new witness.

He asked the defence to proceed with the evidence it had already presented, arguing that the relevant material had previously been supplied to the prosecution on July 17 of the previous year.

The prosecutor said the recordings had already been translated and transcribed by Makerere University.

According to Muwaganya, the prosecution rejected the material presented by the defence because it was unusual and had not been introduced in accordance with the proper procedure.

He further opposed the defence proposal to call a UBC witness, arguing that the Makerere University expert was the person who originally translated the recordings and would therefore be the appropriate witness to testify about them.

Muwaganya added that even if the original expert was no longer available, another person from the same office could potentially testify about the work.

The magistrate is expected to deliver a ruling on the defence application by email on October 5, with court scheduled to resume on October 7.

The case involves nine young men accused of trespassing at Miracle Centre Cathedral and allegedly making accusations against Pastor Robert Kayanja.