New Twist in Kanyamunyu Case as Prosecution is Accused of Forgery
High Court’s Justice Stephen Mubiru has postponed the hearing of the case in which businessman Mathew Kanyamunyu and his girlfriend Cynthia Munwangari are accused of murdering child rights activist Kenneth Akena on November 12 2016.
Hearing of the 11th prosecution witness in this case was yesterday interrupted by the defense lawyers, who cited differences in Police request forms that were submitted to the government Analytical laboratory.
Counsel McDusman Kabega brought it to the attention of the trial judge that the prosecution served them with a Police Request form different from that they submitted to the Laboratory and on court file.
“The copies this court has been looking at are forgeries because they look as the replica of the Original whereas not,” he said.
“The form submitted to the expert had suggestions like the accused having pulled a particular weapon and the suggestions were pointed out in the report. The suggestions could have led to a bias in the examiner’s findings.”
However, in response to this, State Prosecutor Jonathan Muwaganya informed court that all forms were prepared by the same Police officer on the same date, and that they couldn’t be referred to as forged documents.
“The officer made two copies through writing instead of getting carbon copies. We sent out two original copies but with grammatical differences and style of writing.”
Among the cited differences, in one form it is stated that Akena was driving a Toyota Premio, while in another, this is not mentioned.
In one, the number plates for Kanyamunyu’s car are mentioned, and it clearly states that he was the shooter, while in the original it doesn’t.
The judge before adjourning the matter to next week, noted that partial disclosure by the state to court could lead to misinformation which may affect the accused persons.
Justice Mubiru ordered the police officer who prepared the two sets of forms, the one who took them to the laboratory, the analyst and the one who received them to appear in court next week and explain more.
“I am suspending prosecution witness 11 until we sort out the documentation provided in court by a way of trial with in a trial”
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