Court dismisses rape charges against Ugandan pastor

The High Court in Kampala has dismissed the rape charges against pastor Joseph Collins Twahirwa of Epikaizo Ministries International in the city suburb of Bugoloobi for want of prosecution.

Dismissing the case on Thursday, High Court Judge Alex Mackay Ajiji said the Director of Public Prosecution (DPP) Jane Frances Abodo is at liberty to reinstate the charges whenever the team is ready to prosecute the case.

“Since the prosecution has failed to adduce evidence in this case, the case is hereby dismissed and the accused is accordingly discharged. The prosecution is at liberty to reinstate the charges when ready,” Ajiji said.

The dismissal of the case followed an application by Twahirwa through his lawyer Susan Wakabala.

Wakabala asked the court to invoke the provisions of section 17(2) of the Judicature Act and dismiss the case for want of prosecution.

“My lord, we pray that this case is dismissed for want of prosecution and in case the prosecution gets the victim, it can reinstate the case. We pray,” Wakabala submitted.

Chief state attorney Irene Nakimbugwe argues while they are still interested in pursuing the case, they have since failed to get in touch with the supposed victim.

“We have written to the embassy to connect us to her but we have not been successful so far and we cannot proceed with this case without her testimony,” Nakimbugwe said.  

The woman has since written to the Nakawa resident state attorney indicating that she is no longer interested in the case. 

However, the DPP says this is a serious case and she should either appear in court or make an additional statement at the police withdrawing the case.

Dismissal of a charge for want of prosecution is not an acquittal of the accused person as the charges can be reinstated by the DPP at any given time.

Pastor Twahirwa had been indicted with the heinous crime of rape after the Latvian woman (names withheld) accused him of raping her.

In her statement recorded at Jinja road police station in Kampala before leaving the country, the 43-year-old woman alleged that Twahirwa raped her on December 12, 2022, at Munyonyo zone.

She stated that Twahirwa told her that he wanted a baby and he then pushed her onto the bed and allegedly raped me. The woman was in Uganda on an exploration trip.

The case

Prosecution alleged that Twahirwa on December 12, 2022, at Munyonyo zone in Kampala district had sexual intercourse with the woman without her consent.

The offence of rape is capital in nature under the Penal Code Act and it elicits a maximum sentence of death on conviction.