Luwero High court has rejected a DNA report presented by Reverend Canon Kezekiah Kalule which shows that there is a 0.00% probability that he fathered the child with an underage girl.
Rev. Kalule, formerly attached to Luteete archdeaconry in Luwero diocese, appeared before court yesterday to defend himself against allegations of defiling and impregnating a 16-year-old girl who was under his custody from 2007 to 2018.
The teenager, now 19, was a pupil at Luteete primary school and has since given birth to a baby girl. She was under the sponsorship of Compassion International, a non-government organization under the Church of Uganda and was placed under the reverend stewardship by her grandmother.
During the hearing, 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 defense 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.
State prosecutor, Noah Kunya objected to the presentation of the DNA results and asked the judge to disregard it, saying it was 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 that 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.
State prosecutor, Noah Kunya objected to the presentation of the DNA results and asked the judge to disregard it, saying it was 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 that 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 trial judge, Damalie N. Lwanga to accept the DNA report, saying that results from the GAL will delay and deny the accused an expeditious trial. In her ruling, justice Lwanga rejected the DNA report, saying that the court orders were specific on where it was supposed to be done must be 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 as evidence. Lwanga said that in the interest of justice, court is willing to wait for the results from GAL.
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. The defilement alleged victim also attended the court session together with her child. Immediately after the adjournment, Rev. 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.
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. The defilement alleged victim also attended the court session together with her child. Immediately after the adjournment, Rev. 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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