There was a dramatic twist in the ongoing trial of nine people accused of fabricating evidence against Miracle Centre Cathedral, Pastor Robert Kayanka when a defence witness made a u-turn and opted to give an unsworn testimony before the Mwanga II magistrates court.
Israel Wasswa, the sixth witness, had initially indicated that he would swear in his evidence and this meant he would be cross-examined by the prosecution.
However, sensing the danger in being cross-examined, the witness made a u-turn to give an unsworn testimony and this meant he denied the state chance to test his truthfulness since unsworn statements are not cross-examinable.
This also meant he avoided being quizzed like his co-accused Alex Wakamala who underwent hours of cross-examination by State Prosecutor Jonathan Muwaganya.
In his statement, Wasswa, a land broker and shop owner residing in Makerere Kavule, told court that he was brought before the court for trial without ever being summoned by police or asked to record a statement.
He expressed surprise that the investigating officer, who hails from his village in Sebina Zone, never reached out to him during investigations.
He denied ever presenting himself as a lawyer at Old Kampala Police Station or claiming to represent his co-accused, insisting that he never showed any identification from the Uganda Law Society.
Wasswa also rejected allegations that he followed the alleged sodomy victims to Mulago Hospital or organised any youths to make accusations against Pastor Kayanja.
He also distanced himself from claims that he held a press conference at Kolping Hotel, calling the allegations an attempt to tarnish his name for reasons unknown to him.
The witness told court that he only knows one of his co-accused, Kanene, through church, and met the rest for the first time in court.
However, prosecution insists Wasswa who is unquestionably close to one of the city pastors conspired with others to contrive a plot and sponsor the youths to accuse pastor Kayanja of unatural offenses inoder to tarnish his name.
Following Wasswa’s testimony, the defence team sought an adjournment to October 22 , saying they were not ready to proceed tomorow as they needed time to prepare the remaining two accused.
However, the prosecutor Muwaganya objected, arguing that the defence has had ample time to prepare since the accused began their defence in December last year.
Grade one magistrate Adams Byarugaba granted the adjournment, noting that six accused persons have so far testified, leaving only two.
The accused, including Wasswa, are facing charges of conspiring to fabricate evidence of sodomy against Pastor Kayanja and trespassing at Rubaga Miracle Centre Cathedral with an intent to annoy the said pastor