Solomon Male - Campaigns and Prominent Casework

Campaigns and Prominent Casework

Male supported Frances Adroa, an HIV / AIDS patient who, in her time of desperate need in July 2005 was coerced to surrender her car, a Hyundai Accent 676 UCQ to the leaders of the Universal Church of the Kingdom of God in Kampala in return for promises to heal her of AIDS during the church's annual fleecing scheme, the Mount Sinai Campaign. She was not cured. During deterioration of her health condition, she realized how the church leaders had deceived her. She then determined that if God gave her a chance to recover, she would demand back her car.

When she demanded back her car, the church leaders, Bishop Gilson Costa and Pr Gerald Nkayi claimed 2 million Ugandan shillings (over US$1,200), allegedly for its repairs, which she did not have after being bedridden at her uncle's home in Jinja town for over a year. Her attempts to file a criminal case through the Police proved futile as she didn't have any money to bribe. They claimed that she had given it to God, not to them or the church.

On 17 March 2007, she heard Pr Male on Spectrum, a Radio One talk show on the subject of cults in Uganda in memory of the Kanungu inferno. She later called him for an appointment and told him how she had been conned of her car. When he confronted the church leaders, they eventually returned it in its damaged condition.

When Male publicised the car return in newspapers and other media in 2007, the leaders sued him and Adroa for defamation. The libel claim failed in 2010, and both sides were left to bear their own costs. Adroa had counterclaimed for repairs to the car, but this also failed, as the magistrate did not want to create a precedent for donors to ask for their gifts back if prayers were not fulfilled.

Solomon Male campaigns for greater financial accountability in churches. He says that the practice of giving land, cars or household goods to pastors in exchange for blessings, known as "sowing seeds of faith", is widespread in Uganda, and is generally not included in the churches' accounts. He reports that such donations are not even reported to boards or auditors, but are treated as the personal income of the pastors. Following up his report, the newspaper Sunday Vision checked the accounts of twelve Pentecostal churches, some of which were known for the practice; none declared any income from "sowing", and despite receiving billions of shillings, only Kampala Pentecostal Church and Redeemed Church had their accounts professionally audited.

Male sought a judicial investigation into the case of Susan Walusimbi, who was encouraged by a former pastor to enter into a relationship with a man whom the church claimed to have cured of AIDS. Walusimbi says the man later died of AIDS; she is now HIV positive herself, and using anti-retroviral drugs to stay healthy.

In 2009 Male was one of a group of pastors who received, counselled and supported young men who accused megachurch pastor Robert Kayanja of sodomizing them. A police investigation cleared Kayanja. Peculiar about the clearance was Pr Kayanja's construction of Old Kampala Police toilets after the first case was filed at Central Police Station, Kampala. Next were kidnaps of Kayanja's aides, Chris Muwonge and Herbert Tumukunde. Next were arrests of some of the victims and the mysterious retraction of their accusations. David Mukalazi who declined retraction was charged with Pr Male, Pr Kyazze, Pr Ssempa, Pr Kaira and Deborah Kyomuhendo. But Male insisted that the case was mishandled, and urged the President to investigate the matter.

On 22 December 2010, Police arrested Pr Moses Solomon Male and one of his lawyers, Henry Ddungu to allegedly make additional statements at Police Special Investigation Unit (PSU) then headed by current CID boss, Grace Akullo. Instead, they were detained in Buganda Road Court Cell as Kayanja's machinery worked to have them presented in court and sent to Luzira Prison. After failing to secure sanctioning of the charges, they were released on Police bond and ordered to appear at PSU, Naguru, which they did on 23 December 2010 but were simply told to leave that if required, they would be called. They never made the purported additional statements.

On January 3, 2011, Pr Male and his colleagues, Pr Kyazze, Pr Sempa, Pr Kaira, David and Deborah were invited for a meeting with the Deputy Inspector General of Police, Okoth Ochola and other CID top officers and told to write to the Director of Public Prosecutions (DPP)seeking to get the sanctioned file sent back to Police so that it could be shelved, since they didn't deserve to be prosecuted. They declined to write to the DPP.

On January 4, 2011, the Buganda Road case started. 22 witnesses that contradicted themselves and each other were presented. later that year, the Trial Magistrate, John Patrick Wekesa featured in the media over a bribery scandal by pr Robert Kayanja.

In April 2012, after a protracted battle in court, Magistrate Wekesa was removed from the case, and Magistrate Julius Borore took it over.

When the accused persons demanded the recall of Pr Kayanja and his witnesses as plainly put in the laws, Hon Borore rejected their demand. An appeal in the High court declared his action an illegality but refused order the recall. On 8 Aug 2012, H W Julius Borore with all impunity closed the case hearing, ordered both sides to submit and set Oct 1 2012 as date for his judgment.

Attempts to reverse the order failed.

In his letter of complaint against further case mismanagement to the Hon Principal Judge dated 27 Aug 2012, Pr Male wrote:

“My Lord,

Ref: Complaint against His Worship Julius Borore’s decision of 8th/08/2012 on Buganda Rd Criminal case No 1063 2010: Uganda V Pr Male & others

I am Accused No 1 in the above matter where my co-accused are Pr Dr Martin Sempa, A2; Pr Michael David Kyazze, A3, Pr Robert Kaira, A4, Deborah Anita Kyomuhendo, A5 and David Mukalazi, A6; charged of conspiring to tarnish the reputation and trade of Pr Robert Kayanja. This matter was first handled by H W John Patrick Wekesa then re-assigned to H W Julius Borore.

When H W Borore took over this case, Defense Counsel for A3, A4 & A5 led the legal team to apply for the recall of the prosecution witnesses as prescribed in the MCA, citing the fact that the court proceedings didn’t precisely reflect what had transpired in court, which he declined in his ruling despite our legal counsels’ insistence that our demand to recall was a constitutional right.

Dissatisfied with his decision, we subsequently applied to the High Court for Criminal Review Order under sections 48 & 50 – 1 – B of the Criminal Procedure Code Act whose judgment, though declined the recall on grounds of expediting justice, agreed with our contention that where an accused demands for the recall of any witness under MCA Section 144 – 1 - A, the discretion of the Magistrate is impaired. In his ruling, His Lordship Lamech N Mukasa stated:

‘I accordingly find that the learned succeeding trial Magistrate acted irregular when he declined to resummon the prosecution witnesses when so demanded by the accused persons under section 144 – 1 – A of the MCA.

On 8th Aug 2012 morning, all of us as accused returned to Buganda Road Court before H W Julius Borore for MENTION since the matter had been adjourned in his absence to that day by HW HELLENA KAYINZA. Two of our lawyers, Akankwatsa Edward for A1 & A6 and Paul Rutisya for A3, A4 & A5; were in court to oversee the mention. However, the following transpired:

a. The Prosecutor, Mr. Asaba plainly stated that the case had come for a mention and asked for a hearing date. However, H W Borore insisted that it was for a hearing. Our counsel also asked for a hearing date and Counsel Paul Rutisya informed court an appeal had been filed in the Court of Appeal against the order of High Court.

b. The Trial Magistrate opted to stand over the case till 02.00pm that day when he said he would make a ruling.

c. At 2.00pm, we returned to court as required. To my surprise, H W Borore ordered us to start defending ourselves immediately, accusing us of deliberately delaying the trial since the end of the prosecution case in November 2011 and citing lack of time on his part because of the more than 300 cases which he has to handle beside ours.

d. At that juncture, Counsels Edward Akankwatsa (representing A1 & A6) and Paul Rutisya (representing A3, A4 & A5) withdrew from the case each citing inability to continue defending us without further instructions and consultation.

e. Then H W Borore asked Pr Sempa whose lawyer was not in court to start defending himself and Sempa replied that he hadn’t come to court prepared for a defense. As H W continued writing, Pr Sempa’s lawyer, Counsel Isaac Walukagga came into court and on question by H W Borore whether he could start leading his client in defense, he said he had come for a mention and requested for two to three days to consult his client.

f. Without giving me (A1) and my co-accused A3, A4, A5 & A6 time to find other lawyers for legal representation or asking whether any of us could proceed to defend ourselves without legal representation, H W Borore proceeded to pronounce that I and my co-accused had failed to defend ourselves, closed the case and ordered the State and Defense to file submissions and fixed October 1, 2012 for judgment.

He never pronounced himself on Counsel Isaac Walukagga’s request for 2 – 3 days for him to consult his client, A2 Pr Dr Martin Sempa on readiness to proceed.

Nor did he bother to give my co-accused A3, Pr Michael D Kyazze, A4, Pr Robert Kaira & A5, Deborah Anita Kyomuhendo time to consult their other counsels, Edward Sekabanja and Francis Gimara who were not in court since it was for mention.

My Lord, since that ruling, the lawyers I have approached so far to represent me have declined citing the circumstances and the nature of the case which is surrounded by a lot of controversy and the fact that by H W Borore saying he has over 300 cases, he meant that he has no time to hear our defense. Despite that, I am still trying to get a lawyer to represent me and hope to find one.

It is therefore my request for your kind indulgence in this matter because I want to be heard too. There is no way HW Borore can fairly judge without hearing our side and basing on an inaccurate court record whose author, H W Wekesa was removed because of open bias against the defense.

I have never deliberately delayed justice. I have never missed a court session in this trial. Even when I was sick, I still attended when on medical treatment. Denying me the right to defend myself when a prima-facie case was, in the opinion of court established against me and my co-accused is a great injustice to us, sadly, by the very justice system where I had expected to be fairly heard too.

I feel the reason there are appellate courts is to ensure that people get fairly heard. Appealing against a decision in an ongoing matter like we did when H W Borore ruled against our demand to recall prosecution witnesses as stipulated under section 144 – 1 – A of the MCA cannot in any way be interpreted by H Worship the trial magistrate to mean a deliberate attempt to delay justice or unwillingness to defend ourselves unless the laws have been changed.

I am ready to proceed with my defense as soon as I get a lawyer to represent me and I have more than sufficient evidence to prove my innocence beyond any reasonable doubt.”

On 3 October 2012, the HW Borore presided over Buganda Road Court fined the six people sh1m each and ordered them to do 100 hours of comminity service after wrongly convicting them of conspiring to destroy Pastor Robert Kayanja's name and profession without giving them due opportunity to defend themselves, and despite Pr Male's letter to Lt General Kayihura to investigate the leaked videos in which Johnson Mutunba and Robson Matovu who had already given evidence against the accused pastors now said Pr Kayanja actually sodomized them and both apologized to Pr Male and his co-accused.

The six accused persons immediately instructed their lawyers to appeal the conviction and sentence.