The prosecution team handling the sodomy case against the Lubaga Miracle cathedral pastor Robert Kayanja has informed the Mwanga 11 court that it has been constrained to ably proceed by the refusal of the defence lawyers to make full disclosures of their clients' intended evidence .
The complaint presented in court on Friday by Carol Mpumwire contained in a letter dated May 22 by the chief state prosecutor and the one in the personal conduct of the case Jonathan Muwaganya also informs the magistrate of his absentia from today's proceedings due to ill-health.
" Owing to the unfortunate absence of prosecution counsel , we request that the case be adjourned to the next scheduled date " the letter reads in part.
We also take this opportunity to request for a full and complete disclosure from the defence before the next hearing date to allow for an expeditious conduct of the hearing ".
The practice in criminal trials mandates the disclosure of evidence in criminal cases is a critical aspect in the justice system aimed at ensuring fairness and transparency in a trial by providing both parties with access to relevant evidence and avoids trial by ambush.
The prosecution insists that just like it provided the defence team with all documentary evidence before the commencement of its case , their counterparts ought to grant the same opportunity to the state to prepare .
In November , the court presided over by Grade one magistrate Adams Byarugaba found a prema facie case against the nine accused and put them on their defence on charges of trespassing at Lubaga Miracle centre with an intention of annoying pastor Kayanja.
The youths are further charged with giving false information to police that the said Pastor Kayanja sodomised them .
However Pastor Kayanja who gave his testimony as a 13th prosecution witness denied the allegations of sodomy and stated that various attempts to accuse him of a similar crime in 2010 and 2013 by his fellow pastors were punished by court .