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Kayanja Sodomy Case Takes New Twist

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cialis 40mg http://copperking.co.zw/components/com_k2/views/itemlist/tmpl/tag.php geneva; font-size: small; line-height: 115%;”>Chimpreports early this month exclusively reported that John Mutumba and Robson Matovu, this http://cirgroup.com/typo3conf/ext/templavoila/class.tx_templavoila_handlestaticdatastructures.php two of the young men who had in 2011 come to Buganda Road and testified that Pastors Moses Solomon Male, http://comotenerunabuenaereccion.com/wp-includes/cron.php Martin Sempa and other pastors conspired to tarnish Kayanja’s image by linking him to homosexuality practices, had turned around and denied these statements.

They even posted these videos on You Tube but were later pulled down after Kayanja’s officials complained to the social website.

In the videos, both admitted giving false evidence against the anti-sodomy Pastors in court and apologized to them.

They added that the pastors and co-accused were innocent before reiterating they were indeed sodomised by Pr Robert Kayanja.

The videos were delivered to police in a case registered as KMP/CID/GEF 144/2012.

Male, Ssempa, Robert Kaira, Deborah Anita Kyomuhendo and David Mukalazi are accused under criminal case number 1063 of 2010 of conspiring to cause injury to the personality of Kayanja by alleging that he was engaged in sodomy practices.

The pastors want a review of the case in the light of this new evidence that is likely to incriminate Pastor Kayanja.

Below is Male’s letter in full.

27th Aug 2012

The Hon Principal Judge

Courts of Judicature

Kampala

My Lord,

Ref: Complaint against His Worship Julius Borore’s decision of 8th/08/2012 on Buganda Rd Criminal case No 1063 2010: Uganda V Pr Male & others

I am Accused No 1 in the above matter where my co-accused are Pr Dr Martin Sempa, A2; Pr Michael David Kyazze, A3, Pr Robert Kaira, A4, Deborah Anita Kyomuhendo, A5 and David Mukalazi, A6; charged of conspiring to tarnish the reputation and trade of Pr Robert Kayanja.

This matter was first handled by H W John Patrick Wekesa then re-assigned to H W Julius Borore.

When H W Borore took over this case, Defense Counsel for A3, A4 & A5 led the legal team to apply for the recall of the prosecution witnesses as prescribed in the MCA, citing the fact that the court proceedings didn’t precisely reflect what had transpired in court, which he declined in his ruling despite our legal counsels’ insistence that our demand to recall was a constitutional right.

Dissatisfied with his decision, we subsequently applied to the High Court for Criminal Review Order under sections 48 & 50 – 1 – B of the Criminal Procedure Code Act whose judgment, though declined the recall on grounds of expediting justice, agreed with our contention that where an accused demands for the recall of any witness under MCA Section 144 – 1 – A, the discretion of the Magistrate is impaired.

In his ruling, His Lordship Lamech N Mukasa stated:

‘I accordingly find that the learned succeeding trial Magistrate acted irregular when he declined to resummon the prosecution witnesses when so demanded by the accused persons under section 144 – 1 – A of the MCA.

On 8th Aug 2012 morning, all of us as accused returned to Buganda Road Court before H W Julius Borore for MENTION since the matter had been adjourned in his absence to that day by HW HELLENA KAYINZA. Two of our lawyers, Akankwatsa Edward for A1 & A6 and Paul Rutisya for A3, A4 & A5; were in court to oversee the mention. However, the following transpired:

a. The Prosecutor, Mr. Asaba plainly stated that the case had come for a mention and asked for a hearing date. However, H W Borore insisted that it was for a hearing. Our counsel also asked for a hearing date and Counsel Paul Rutisya informed court an appeal had been filed in the Court of Appeal against the order of High Court.

b. The Trial Magistrate opted to stand over the case till 02.00pm that day when he said he would make a ruling.

c. At 2.00pm, we returned to court as required. To my surprise, H W Borore ordered us to start defending ourselves immediately, accusing us of deliberately delaying the trial since the end of the prosecution case in November 2011 and citing lack of time on his part because of the more than 300 cases which he has to handle beside ours.

d. At that juncture, Counsels Edward Akankwatsa (representing A1 & A6) and Paul Rutisya (representing A3, A4 & A5) withdrew from the case each citing inability to continue defending us without further instructions and consultation.

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e. Then H W Borore asked Pr Sempa whose lawyer was not in court to start defending himself and Sempa replied that he hadn’t come to court prepared for a defense. As H W continued writing, Pr Sempa’s lawyer, Counsel Isaac Walukagga came into court and on question by H W Borore whether he could start leading his client in defense, he said he had come for a mention and requested for two to three days to consult his client.

f. Without giving me (A1) and my co-accused A3, A4, A5 & A6 time to find other lawyers for legal representation or asking whether any of us could proceed to defend ourselves without legal representation, H W Borore proceeded to pronounce that I and my co-accused had failed to defend ourselves, closed the case and ordered the State and Defense to file submissions and fixed October 1st 2012 for judgment.

He never pronounced himself on Counsel Isaac Walukagga’s request for 2 – 3 days for him to consult his client, A2 Pr Dr Martin Sempa on readiness to proceed.

Nor did he bother to give my co-accused A3, Pr Michael D Kyazze, A4, Pr Robert Kaira & A5, Deborah Anita Kyomuhendo time to consult their other counsels, Edward Sekabanja and Francis Gimara who were not in court since it was for mention.

My Lord, since that ruling, the lawyers I have approached so far to represent me have declined citing the circumstances and the nature of the case which is surrounded by a lot of controversy and the fact that by H W Borore saying he has over 300 cases, he meant that he has no time to hear our defense.

Despite that, I am still trying to get a lawyer to represent me and hope to find one.

It is therefore my request for your kind indulgence in this matter because I want to be heard too. There is no way HW Borore can fairly judge without hearing our side and basing on an inaccurate court record whose author, H W Wekesa was removed because of open bias against the defense.

I have never deliberately delayed justice. I have never missed a court session in this trial. Even when I was sick, I still attended when on medical treatment.

Denying me the right to defend myself when a prima-facie case was, in the opinion of court established against me and my co-accused is a great injustice to us, sadly, by the very justice system where I had expected to be fairly heard too.

I feel the reason there are appellate courts is to ensure that people get fairly heard. Appealing against a decision in an ongoing matter like we did when H W Borore ruled against our demand to recall prosecution witnesses as stipulated under section 144 – 1 –A of the MCA cannot in any way be interpreted by H Worship the trial magistrate to mean a deliberate attempt to delay justice or unwillingness to defend ourselves unless the laws have been changed.

I am ready to proceed with my defense as soon as I get a lawyer to represent me and I have more than sufficient evidence to prove my innocence beyond any reasonable doubt.

Yours faithfully,

Pr Moses Solomon Male

A1 in Buganda Rd criminal case 1063 of 2010

C.c: The Lord Chief Justice of Uganda

c.c: The secretary, Judicial Service Commission

c.c: Chief Registrar of Courts

c.c. The Inspector of Court.

c.c. The President, Uganda Law Society

c.c. The Chief Magistrate Buganda Road.

c.c. His Worship Julius Borore, Presiding Magistrate

c.c: Sekabanja & Co Advocates

c.c. Kasirye, Byaruhanga & Co. Advocates.

c.c. Lubega, Babu & Co Advocates.

c.c. Gimara & Co. Advocates.

c.c. MMAKS Advocates.

c.c. The Resident State Attorney Buganda Road.

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