Court Denies Defence's Last-Minute UBC Witness in Kayanja Defamation Trial

The Chief Magistrate’s Court at Nateete-Rubaga has shut down an attempt by the defence team representing nine youths accused of defaming Pastor Robert Kayanja to present a new witness. The defence sought to call an expert from the Uganda Broadcasting Corporation (UBC) at a late stage of the trial.

Principal Magistrate Adams Byarugaba ruled that introducing a UBC language transcriber and new evidence would unfairly prejudice the State. He highlighted that the defence had previously committed to obtaining official transcriptions from Makerere University’s School of Languages, not UBC.

Magistrate Byarugaba stressed the importance of pre-trial discovery and fair disclosure, referencing a constitutional case to underscore that these principles are crucial for preventing fabricated evidence and ensuring a fair hearing. He questioned why the defence would turn to UBC if the content of the transcriptions was the same, suggesting it might be an attempt to find a favorable individual.

If the defence encountered issues securing the Makerere University expert, they should have formally sought court permission for an alternative, similar to how they handled difficulties with a forensic analyst for phone evidence. The court noted that after the tenth defence witness was re-examined, the defence confirmed its intention to call the Makerere University transcriber as its final witness.

While acknowledging that there’s no strict law preventing the presentation of witnesses at any stage, the magistrate emphasized that case law guides courts towards openness for fairness. He allowed the defence to proceed with calling the originally disclosed expert from Makerere University.

The prosecution, represented by Chief State Attorney Jonathan Muwaganya, strongly opposed the application, arguing that they had structured their cross-examination based on the Makerere University evidence previously disclosed by the defence.

The case is scheduled to continue tomorrow, with the defence expected to call its final witness.