The Nateete-Rubaga Chief Magistrate’s Court in Uganda has rejected a request by the defence to introduce a new witness from the Uganda Broadcasting Corporation (UBC) in the case involving nine youths accused of fabricating evidence against Pastor Robert Kayanja. The defence had wanted to call the UBC witness to tender translated and transcribed audio and video recordings. However, the prosecution objected to the request, citing the defence's previous disclosure of a witness from Makerere University's School of Languages.
Principal Magistrate Adams Byarugaba ruled that allowing the UBC witness to testify at this stage would amount to a "surprise attack" and could prejudice the prosecution's right to a fair hearing. The magistrate noted that the defence had not sought the court's permission to introduce the new witness and had not explained why it abandoned the previously disclosed Makerere University witness. The defence had previously disclosed a witness from Makerere University's School of Languages, and the State had prepared its case based on that disclosure.
The prosecution, led by Chief State Attorney Jonathan Muwaganya, had objected to the request, arguing that the defence had already disclosed a witness and that the State had prepared its case based on that disclosure. The magistrate questioned why the defence had turned to UBC if the evidence was the same as that expected from the Makerere University witness. The defence had not provided a reason for abandoning the previously disclosed witness.
Magistrate Byarugaba expressed concerns that the defence may be trying to get a favourable person or establish a relationship with experts who are supposed to be professional. The court consequently directed the defence to proceed with the previously disclosed Makerere University witness. The witness is expected to testify when the defence hearing resumes.
The nine accused youths are facing charges related to allegedly fabricating evidence, giving false information to police, and criminal trespass at Pastor Kayanja's Rubaga Miracle Centre. The case has been ongoing, with the defence presenting its case. The court's decision to reject the new witness is seen as a significant development in the case.
The defence had wanted to use the UBC witness to provide expert testimony on the audio and video recordings. However, the prosecution argued that the defence had not provided sufficient reason for introducing a new witness at this stage. The magistrate's ruling was based on the principles of fairness and the need to prevent prejudice to the prosecution.
The case is set to continue with the defence hearing resuming, with the previously disclosed Makerere University witness expected to testify. The court's decision will have implications for the defence's case and the overall outcome of the trial. The nine accused youths will continue to face charges related to their alleged actions against Pastor Kayanja.
Key points
- The court rejected the defence's request to introduce a new witness from UBC.
- The defence had previously disclosed a witness from Makerere University's School of Languages.
- The case involves nine youths accused of fabricating evidence against Pastor Robert Kayanja.
