Sodomy case: Magistrate faces probe

An unidentified man confronts Pastor Male (L) at Buganda Road Court yesterday, accusing him of maligning pastor Robert Kayanja using claims of sodomy. Photo by Faiswal Kasirye

What you need to know:

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.