On 31st July, 2014, Pastor Solomon Male, a long serving Evangelist and an advocate against homosexuality testified in court against Uganda’s former national football manager Chris Mubiru who is currently cleared of sodomy charges.
The High Court judge Wilson Musene Masalu set Mubiru free yesterday (19th April,2016) after faulting the magistrate’s court of wrongly convicting him. Mubiru had been in Luzira Prision since September 2015.
In his initial statement to the Buganda Road Magistrate Lillian Buchana, Pastor Male said that he got to know about Chris Mubiru’s sodomy behavior in 2004 at a crusade he had organized in Namungoona when some of his sodomy victims turned up among the congregation.
Chief Magistrate Flavia Nabakooza had thus sentenced Christopher Mubiru to ten years in prison and also ordered him to compensate the sodomy victim with Shs 50m shillings, which was a little lower than what the victim had requested for of 100m.
“It was wrong for the victim not to report to police for having been sodomised in 2009 and only waited in 2013 after many years had already passed. He should have reported when it was still hot and not in 2013 to pastor Solomon Male,” the judge Wilson Musene Masalu passed the new ruled.
The judge noted that there was no medical report to support the complaint and that with the submitted videos, those filmed in the act had not filed any complaint.
Senior State Attorney Ms Ann Kabajungu contended that it was common for a victim of sexual offence not to report the matter immediately because of the cultural norms.
Pastor Male (L-Image), in a live interview with NBS TV said that it is so sad that such a hard core Sex offender, who goes to the extremes of recording his evil acts on video could be let free.
The pastor said that the initial judge would not have passed the ruling unless there was full evidence to the case.
“Judge Wilson Musene says that the former ruling was based on the evidence brought forth from the sodomy videos yet, Chief Magistrate Flavia said that findings of fact, were not based on the video evidence, ‘although the video recordings of the person alleged to be sodomizing boys were not admitted as evidence for lack of conformity with the electronic evidence act as well as current victims not being party to the recording, the accused did not dispute that it is his face appearing in those videos, although he said that the lower body in the act is not his,’ what Musene has done is to muddled and turn around Magistrate Silvia Nabagala and Lillian Buchana ruling,” said Pastor Male
“It is not an excuse to allege that the victim had been sodomized in 2009 but only waited till 2013 to file a complaint. According to their ruling (Lillian Buchana), the victim had been sodomized at 17 years , it is reasonably clear that the victim was lacking in law wisdom or informed judgment. He was also in fear, putting to mind the fact that he had received threats from Mubiru. ” the pastor further stated.
“It was after getting some one to confine in, that he received wisdom. I am the one that advised him to proceed and take the case to court. ”
The pastor urged that the battle has not yet been a total defeat and that he will go to all relevant authorities so as to challenge the ruling.
On the other hand, Edwin Sesange, director of the African LGBTI organization Out and Proud Diamond Group, told ggwnews.com, ‘We welcome the ruling and appeal to the people of Uganda to respect the court decision. This is an eye opener and a precedent against anti LGBTI hate, blackmail, persecution, victimization among others in Uganda.
‘It is very unfortunate that Chris Mubiru has spent all those months in incarceration. I would like to thank the High court Judge, his legal team, family, friends plus all those who have done anything to enable him to be a free man.
‘Chris can now live his life even though he might not be same after going through that situation, but believe he will be able to rebuild his life. This case poses a lot of questions to the wider community and leaves a lot to learn.’
marvin@ugchristoannews.com
