Dull but interesting reading. By the way, an old non-friend, the 27th Comrade has a thoughtful comment on what has been happening in Uganda with respect to Ssempa and Co. Here is his comment. It is worth a read, the POV of a bystander...! But here is the Police Report.
'Kayanja is innocent'
Written by THE OBSERVER
Monday, 10 August 2009 07:40
Investigating officers have concluded that the highly publicised sodomy allegations against Pastor Robert Kayanja were fabricated and malicious.
In fact, the officers have recommended prosecution for the pastors who allegedly mobilised six youth to make the allegations. Below is part of the CID report;
The Director of Public Prosecutions, KAMPALA
Alleged sodomy of Mukisa Samson and five others by Pastor Robert Kayanja
Between February 17, 2009, and April 7, 2009, reports were received at Central Police Station, Kampala, and at CID Headquarters, Kibuli, from the under listed persons alleging that they were either sodomised, or attempted to be sodomised by Pastor Robert Kayanja.
The persons who alleged to have been sodomised are:
(i) Mukisa Samson, male adult 19 years old
(ii) Akansima Ivan, male adult 22 years old
Those who alleged attempted sodomy are:
(i) Mukalazi David, male adult 36 years old.
(ii) Mutebi Ronnie, male adult 21 years old.
(iii)Ntwatwa James Brian, male adult 24 years.
The complainants were mobilised to report to the Police by the following people:
(i) Mukisa Samson and Matovu Robson were mobilised by Pastor Kyazze, Pastor Male Moses, Pastor Kayiira, Pastor Sempa and Pastor Semujju.
(ii) Akansima Ivan, Ntwatwa James Brian, Mutebi Ronnie and Mukalazi David were mobilised by Ms. Kyomuhendo Anita Deborah and Mukalazi David.
(iii) Lawyers were organised by the above mentioned pastors for Mukisa Samson and Matovu Robson to swear an affidavit. The pastors also accompanied Mukisa for medical examination.
In the course of investigation, all complainants apart from Mukalazi, claimed the statements they made to the Police alleging sodomy by Pastor Kayanja, were false and that they were made under the influence of Pastor Kyazze, Pastor Male, Pastor Kayiira, Pastor Sempa and Pastor Semujju, for the purpose of tarnishing the name of Pastor Robert Kayanja.
CPS KAMPALA CRB 3967/2009
(i) This case was reported by one Samson Mukisa, a male adult aged 19 years,alleging in an affidavit commissioned by Mr. Ddungu Henry, an advocate with Sekana Associated Advocates, and in a statement he made at CPS Kampala, both dated February 17,2009.
(ii) That he joined Miracle Centre Cathedral Rubaga in the year 2003 following the death of his father, the late Bulega Richard, who was also a member of the church.
[iii] That he stopped attending the church after the death of his father in the year 2004. That his mother had died in the year 2000.
[iv] That in the year 2008 he [re]-joined Miracle Centre Cathedral Rubaga.
[v] That Pastor Robert Kayanja put him under the homeless children programme.
[vi].That he headed music group “A” and during music competition, and when his group won the competition, Pastor Robert Kayanja congratulated him and took him for dinner at a city hotel which he couldn’t recall because they used a tinted car.
[vii] That he was sodomised by Pastor Robert Kayanja from that city hotel on June 25/26, 2008, and that he [Pastor Robert Kayanja] called a medical doctor who stitched up his anus,and that the doctor declared him insane. That immediately after the treatment, he was taken to Kampiringisa Health Centre by Pastor Kayanja’s body guards on the orders of Pastor Robert Kayanja, and that he spent there a month.
[viii] After a month at Kampiringisa, a male doctor examined him and found that he was sane and helped him to get out of Kampiringisa.
[ix] That he went to Omega Healing Centre Namasuba, where he has been staying and where he revealed to Pastor Kyazze Michael, Pastor Felix Semujju and Pastor Bob Kayira how he was sodomised by Pastor Robert Kayanja.
[x] On May 15, 2009, Mukisa Samson reported to CID headquarters and made a statement retracting information in the affidavit and statement he had made at CPS Kampala, both dated February 17, 2009.
[xi] On May 19, 2009, one Mukisa Samson, alias Bulega Robert, alias Musasizi, alleged in a statement that he was put at gun point by Mr. Tumuhimbise B.V, D/ACP, in order to force him alter the information he had made in an affidavit and statement he made at CPS Kampala, both dated February 17, 2009.
[xii] On May 20, 2009, Mukisa Samson, in an extra judicial statement, stated that the information in the affidavit and statement, both dated February 17, 2009, were false, and that it was Pastor Male who told him to make the false claims against Pastor Kayanja.
[xiii] On June 5, 2009, Mukisa further made a statement alleging that the content of statement he made from CPS and the affidavit, both dated February 17, were false.
Findings
Whether the complainant was a member of Miracle centre.
(i) Kiiza Jonathan, in a statement dated May 18, 2009, stated that he joined Miracle Centre in the year 2000 and was accommo-dated by the church under ‘Never Again’ project but has never seen anybody in the names of Mukisa Samson.
(ii) N0.25350 D/CPL Baweemu Rajab, a body guard to Pastor Kayanja, in a statement dated May 18, 2008, stated that he has never seen anybody in the names of Mukisa Samson at Miracle Centre.
(iv) Pastor Robert Kayanja, in his statement dated April 29, 2009, stated that he has never seen, met talked and dealt with Mukisa Samson, and Mukisa is not a member of the church.
Whether the complainant was a leader of music group ‘A’ and if there was a competition in 2008.
(i) Pastor Wampamba, in a statement dated May 18, 2009, stated that he heads the Miracle Centre dance team. That the members of the team don’t reside at the church and they never had any competition in 2008, and there is no member in the names of Mukisa Samson.
Whether the complainant was sodomised from a city hotel by Pastor Robert Kayanja
(i) Medical report by the Police surgeon done on February 18, 2009 however reveals no evidence of sodomy. However, Dr. Jombe Johashaphat of Mulago Hospital, in a statement dated May 18, 2009, stated that when he examined Mukisa on March 24, 2009, “the complainant did not have any definite signs of a recent sodomy but had a partially patulous anus with reduced anal sphincheric tone and sodomy could not be ruled out”.
(ii) Pastor Kayanja, in a statement dated April 29, 2009, stated that he has never seen, met or dealt with Mukisa and on June 26, 2008, the alleged date of the sodomy, he was out of the country. Evidence from the copy of his passport also shows that he had travelled out of the country, and was in the United States of America on the dates on which the sodomy was alleged to have happened.
Whether the complainant was taken to Kampiringisa Health Centre and detained there for a month
(i) N0.25350 D/CPL Baweemu Rajab, a body-guard to Pastor Kayanja, in his statement dated May 18, 2009, stated that he has never been instructed by PastorKayanja to take any orphaned boy to Kampirigisa, not even Mukisa Samson whom he has never seen before.
(ii) Nassuna Sarah, a Nursing Assistant at Kampirigisa Health Centre, in a statement dated May 18, 2009, stated that there is no record to show that Mukisa Samson was once admitted at Kampiringisa.
(iii) Mukasa Andrew, a medical Officer at Kampiringisa Health Centre, in a statement dated May 18, 2009 stated that he has never handled any case of sodomy; not even helping any child to escape from the centre. He also said that he has never heard of a child at the centre called Mukisa Samson.
(iv) Namonye Paul, a senior house master at Kampiringisa, in a statement dated April 17, 2009, stated that he is in charge of the children taken to the centre but the records show that the centre has never had any inmate in the names of Mukisa Samson.
(v) Alule Michael, Principal of Kampiringisa Rehabilitation Centre, in a statement dated May 18, 2009 stated that the centre has never had a doctor. That the centre receives children found guilty by court, children rounded up by City Council and Central Police, but not from individuals. That the centre has never received any child in the names of Mukisa Samson.
(vi) Pastor Kayanja Robert, in a statement dated April 29, 2009, stated that he has never ordered his bodyguards to take any orphaned child to Kampiringisa, and not even Mukisa Samson.
Under what circumstances the complainant was accommodated at Omega Healing Centre (OHC) and the case reported to the Police.
(i) Pastor Ssemuju Felix, Pastor Kayira Bob, Pastor Kyazze and Pastor Male in their statements confirm Mukisa went to OHC and presented his problems as stated in the affidavit.
(ii) Pastor Kyazze Michael, in his statement dated June 2, 2009, stated that he instructed Pastor Kayira to take Mukisa Samson to Pastor Male Moses who is well acquainted with the procedures at the Police, making affidavits and examination of complainants of sodomy. Pastor Kayira confirms in his statement dated May 19, 2009, that he took Mukisa to Pastor Male and to CPS Kampala for a Police statement.
(iii) Pastor Male Moses, in his statement dated May 18, 2009, stated that he took Mukisa Samson to Ms Kaggwa and Company Advocates to swear an affidavit dated February 17, 2009, and the affidavit was commissioned by Mr. Dungu Henry, an advocate with Sekana and Company Advocate.
(iv) Mr. Ddungu Henry, in a statement dated May 19, 2009, stated that he commissioned the affidavit.
(v) Mirondo Fred D/ASP, former Divisional Criminal investigations officer at CPS Kampala, in his statement dated May 20, 2009 stated that on February 17, 2009, he received a complaint from Pastor Male Moses Solomon and Mukisa Samson alleging that Pastor Robert Kayanja had sodomised Mukisa Samson and he instructed D/CPL Outeke John Robert to obtain a statement from Mukisa Samson and issue him with PF 3 for medical examination. That the PF3 was never brought back. That he had also instructed the complainant to come back after medical examination to lead the Police to his witnesses and the scene of crime but he never went back to the Police.
(vi) No. 25241 D/CPL Outeke John Robert in his statement dated May 19, 2009, stated that he recorded Mukisa’s statement dated February 17, 2009. That Mukisa was in the company of Pastor Male and another man.
Findings
i. The complainant’s real name is not Samson Mukisa as alleged in the affidavit. He is Musasizi Robert Kaliba. Both his parents are alive.
ii He has never been a member of Miracle Centre and a leader of music Group ‘A’ at the Miracle Centre Rubaga. Further, there is no Music Group ‘A’ at the Miracle Centre Rubaga.
iii. There was never a music competition at the Miracle Centre in 2008, as alleged in his affidavit.
iv. There is no evidence, medical or otherwise, to show that the complainant was sodomised by Pastor Kayanja. In fact, at the time of medical examination by the Police Surgeon, there was no evidence that Samson Mukisa had ever been sodomised, or even had his anus stitched up as alleged in his affidavit.
v. There is evidence to prove that Pastor Kayanja was out of the country on the dates on which he is alleged to have sodomised the complainant.
vi. There is no evidence on record to indicate that Samson Mukisa was ever taken to Kampiringisa Health Centre by Pastor Kayanja’s bodyguards or anyone else, as alleged in his affidavit.
vii. The complainant has since retracted his earlier allegation of sodomy against Pastor Kayanja and stated that all his earlier accusations against Pastor Kayanja were false, and were masterminded by Pastors Male, Kyaze, Sempa and Kayiira for the purpose of tarnishing Pastor Kayanja’s name.
Conclusions/recommendations
In retracting their statements, the complainants revealed that they had been mobilised to make false accusations against Pastor Robert Kayanja in order to tarnish his name.
I, therefore, recommend that the persons who conspired and mobilised the complainants to make false allegations against Pastor Robert Kayanja be charged with the offence of Conspiracy to Injure the Reputation of Pastor Kayanja, Contrary to Section 392(b) of the Penal Code Act.
I further recommend that the persons who were so mobilised be retained as witnesses in this case.
Compiled by: Akullo Grace D/SP, Ag. Commissioner/ General crimes
