The Nateete-Rubaga Chief Magistrate’s Court has rejected a request by the defence in the case involving nine youths accused of fabricating evidence against Pastor Robert Kayanja to introduce a new witness from Uganda Broadcasting Corporation (UBC).
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 defence wanted to call the UBC witness to tender translated and transcribed audio and video recordings.
However, prosecution led by Chief State Attorney Jonathan Muwaganya objected to the request, saying the defence had already disclosed a witness from Makerere University’s School of Languages and that the State had prepared its case based on that disclosure.
In his ruling, Magistrate Byarugaba 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 never sought leave of court to call this witness from UBC. No reason was given to court why they abandoned the disclosed information already given to the State,” Byarugaba said.
The magistrate also questioned why the defence had turned to UBC if the evidence was the same as that expected from the Makerere University witness.
“They are saying the content is the same, why then ran to UBC? Could it be to get a favourable person or establish a relationship with experts who are supposed to be professional and should speak to the work done?” he questioned.
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 tomorrow .
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.
