The Independent Uganda: You get the Truth we Pay the Price
Luweero, Uganda | THE INDEPENDENT | Justice Damalie N. Lwanga has indefinitely suspended a defilement case against Reverend Canon Kezekiah Kalule because of disagreements on the DNA report. She made the ruling when Reverend Kalule, who was formerly attached to Luteete Archdeaconry in Luwero Diocese, appeared before Luwero High court to defend himself on allegations of defiling and impregnating a 16-year-old girl who was under his custody from 2007-2018.
The teenager who has since given birth to a baby girl was a pupil at Luteete Primary School. She was under the sponsorship of Compassion International, a non-government organization under Church of Uganda and was placed under the Reverend by her grandmother. During the hearing, Reverend Kalule’s lawyers, Francis Karoro and Jonathan Wandera from JW Company Advocates asked court to vacate an earlier order and allow them to present a DNA report from Little Oak Biotech Kampala, a private laboratory.
Court had earlier allowed the defence lawyers to conduct a paternity test on the child and the accused from the Government Analytical Laboratory (GAL) under the supervision of a Police Officer. However, the defence lawyer told court that they agreed with Aisha Nattembo, who was holding a brief for them to conduct the tests at a private laboratory after receiving information that results from the government laboratory will return after three months.
The State Prosecutor, Noah Kunya objected to the presentation of the DNA results and asked the judge to disregard it, saying it obtained in contempt of court since it wasn’t conducted by GAL and witnessed by a Police officer. Kunya also said that Nattembo also told him that the accused constantly called the private laboratory technician pestering him for the results.
He argued that the constant contact between the accused and the private laboratory raised suspicion over the results and court can’t rely on them. Nattembo told court that the paternity test was sponsored by Compassion International and they were also concerned about the constant contact between the accused and the laboratory technician to release the results to him before they received them.
Karoro pleaded with the judge to accept the DNA report, saying that results from Government Analytical Laboratory will delay and deny the accused an expeditious trial. In her ruling, Justice Damalie N. Lwanga rejected the DNA report, saying that the court orders were specific on where it was supposed to be done and supervised by a Police officer.
She said that given that the State Attorney and the victim’s lawyers have also disowned the results from the private laboratory, she can’t allow the DNA report to be presented in court. She said that in the interest of justice court is willing to wait for the results from the Government Analytical Laboratory.
She adjourned the matter to the next high court criminal session since this one was only planned for 45 days, which are about to end. Our reporter saw the DNA report, which the defence lawyers wanted to lay before court indicating that there is a 0.00 % probability that Kalule fathered the child, whom the victim gave birth too as result of the alleged defilement.
The defilement victim, who is now 19-years of age attended the court session together with her child. Immediately after the adjournment, Reverend Kalule left the court premises with his defense lawyers and relatives. Kalule is out of jail on court bond because of ill health and advanced age.
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