Kanyamunyu lawyers demand for pathologist’s handwritten notes

Kampala, Uganda  | THE INDEPENDENT | The defense team in the trial of Matthew Kanyamunyu and his girlfriend, Cynthia Munwangari for the murder of child right activist, Kenneth Akena has asked the police pathologist to present a written copy of his notes.

The defense team made the request when prosecution witness number six alias “Witness X who testified in camera when he first appeared in court on January 9th, 2020 returned for cross examination before Justice Steven Mubiru in Kampala High court.

The pathologist is the one who compiled Akena’s postmortem report and recovered several surgical instruments including seven towels and bullet from his body. In his report, the unnamed witnesses conclude that Akena had succumbed to the gunshot injury.

Yesterday, Kanyamunyu lawyers led by Caleb Alaka and MacDusman Kabega cross examined the witness for more than two hours on his findings. Kabega asked the pathologist to explain the cause of Akena’s death, type of gun that discharged the bullet, the entry of the bullet and type of ammunition among other things.

However, the pathologist declined to answer the questions, saying that he wasn’t a ballistics expert. This led to a stalemate as the witness and Defense lawyers who are also civilians spent some time discussing what they know about guns.

Later on, Caleb Alaka asked the Pathologist to explain the path that was taken by the bullet. He explained that the bullet tore through the deceased’s chest via the diaphragm and abdomen before settling in the rectum. However, Alaka insisted that basing on the Pathologist’s training that’s not the manner in, which bullets move.

Justice Mubiru intervened to establish what the defense team was trying to prove before court. He asked Alaka to explain to court the relevancy of all the questions they had put across.  In his response Alaka, said all they want to prove court is that Akena died of surgical operation, saying it is the reason they want the Pathologist to present his handwritten notes for comparison with his typed copy.

However, Justice Mubiru wouldn’t have any of this, saying the cross examination had become uncontrolled and misguided because the defense team seemed unprepared. Nobody was allowed to leave court or use any electronic gadget until the witness left the court premises.

Justice Mubiru directed the witness to bring his handwritten notes as requested by the defense and continued with other witnesses.

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URN