Sodomy case: Magistrate faces probe
http://www.monitor.co.ug/News/National/-/688334/1292696/-/bfm2yjz/-/index.html
By Ephraim Kasozi & Betty Ndagire
Posted Tuesday, December 20 2011 at 11:19
In Summary
Magistrate Patrick Wekesa is accused of acting unprofessionally and with impartiality.
The trial of four city pastors accused of tarnishing the name of Pastor Robert Kayanja, has been halted to allow investigations into alleged bias of the magistrate.
Buganda Road Chief Magistrate Vincent Mugabo stayed the trial to allow investigations into allegations that Grade One Magistrate John Patrick Wekesa has been handling the case unprofessionally and with impartiality.
The suspension of the trial follows a mid-morning closed-door meeting between Mr Mugabo, lawyer of the accused Mr Kato Sekabanja and Mr Wekesa, over the allegations.
Fear of arrest
On December 15, Mr Sekabanja petitioned the chief registrar challenging Mr Wekesa’s conduct and decisions describing them as “very grave and hope they will be investigated.”
Pointing out nine instances which he says makes Mr Wekesa’s behavior questionable, Mr Sekabanja asked the chief registrar to reallocate the case to another magistrate, saying justice will not be dispensed.
“We, as defence counsel, are now apprehensive of appearing before the court trial magistrate and our instructions are to make this application. We are fearful of arrest with which we have been threatened,” said Mr Sekabanja.
Pastors Solomon Male of Arising for Christ, Martin Sempa of Makerere Christian Centre, Robert Kayiira and Michael Kyazze of Omega Healing Ministries are jointly charged with Ms Dorothy Kyomuhendo, former State House aide, and artiste David Mukalazi of conniving to tarnish the name of pastor Kayanja.
The suspects accused the pastor of sodomising some members of his church, an allegation pastor Kayanja denies.
Last week, Mr Wekesa ruled that the group have a case to answer after he declined to hear an application by the lawyers representing the accused persons describing their submissions as “nonsense and rubbish”.
Man attacks Pastor Male
However, in a letter copied to the Uganda Law Society and the Resident State Attorney, Mr Sekabanja said the matter was fixed for defence hearing without consultation and he sought urgent intervention of the Judiciary.
The lawyers also accuse Mr Wekesa of stopping defence lawyer Francis Gimara, from cross-examining a witness, variance in court rulings, declining to hear applications by defence lawyers and suggesting answers for witnesses.
Meanwhile, drama ensued at the court premises yesterday when an unknown man attacked Pastor Male, accusing him of implicating Pastor Kayanja, whom he described as a man of God.
The man warned Pastor Male in a heated verbal exchange to desist from the campaign of sodomy which he said was targeting Pastor Kayanja, whom he described as ‘man of God’.
Court will on January 18, 2012 determine if Magistrate Wekesa will continue with the case or not.
Kayanja Case: Magistrate accused of bias
http://www.newvision.co.ug/news/314967-kayanja-case-magistrate-accused-of-bias.html
Publish Date: Dec 19, 2011
By Andante Okanya
THE six people including four pastors who are accused of conspiring to tarnish the reputation of Pastor Robert Kayanja, have written a protest letter to the Chief Registrar of Courts, complaining about the conduct of the trial magistrate whom they accuse of bias.
In the letter dated December 15, 2011, they claim Grade One Magistrate Patrick Wekesa has constantly threatened them throught the trial.The letter is also addressed to the Chief Magistrate Buganda Road Court in Kampala.
The protest letter has subsequently halted the trial which had been scheduled to continue yesterday.The accusedwere supposed to begin their defence yesterday after the court ruled that they had a case to answer. The case file has beenreturned to the Chief Magistrate Vincent Mugabo.
"We write to register our complaint against the trial magistrate in the above matter his worship John Wekesa. In particular in both his professional and ethical conduct in regard to the case," says the letter drafted by the defence team.
The accused allegedly conspired to claim that Kayanja sodomised boys at his church.They are pastors Solomon Male of Arising for Christ Ministries, Martin Sempa of Makerere Community Church, plus Michael Kyazze and Robert Kayiira of Omega Healing Centre. Also accused are businesswoman Dorothy Kyomuhendo, and local musician David Mukalazi.
Kayanja heads the Rubaga Miracle Centre, and runs the global Robert Kayanja Ministries.
Prosecution led by Stephen Asaba alleges that in 2008 and 2009 at various places within Kampala district, the accused “conspired to cause injury to Kayanja’s personality and reputation”.
Today, the accused's lawyers met the Chief Magistrate in his office.The press was barred from accessing it.
Defence lawyer Kato Sekabanja hailed it as fruitful, saying a probe into the allegations had been launched, and that they would be given feedback on January 18.
