A dispute over the qualifications of a defence witness has emerged in the case involving Pastor Robert Kayanja, of Rubaga Miracle Centre, after the prosecution questioned whether a specialist in dentistry and pathology is legally authorised to conduct forensic medical examinations in alleged sexual violence cases.
The witness, Dr Phenehas Bwambaale, 44, of Kabalye Police Training School, was presented as defence witness number nine.
However, his appearance in court triggered an argument between the prosecution and defence over his professional qualifications and whether he is competent to testify about medical examinations recorded on Police Form 3.
The prosecution questioned the capacity in which Dr Bwambaale was appearing before court, pointing to what it described as contradictions in his professional licences and qualifications.
The prosecution said records from the Uganda Medical and Dental Practitioners Council portal described Dr Bwambaale’s current professional status as that of a dentist.
The prosecutor argued that although Dr Bwambaale had additional training in pathology, his registration as a dentist limited the scope of his professional practice.
“When I went to the portal of the Uganda Medical and Dental Practitioners Council, Dr Bwambaale’s current status is a dentist,” the prosecution argued.
The prosecution further questioned whether a dentist can conduct forensic medical examinations relating to sexual and gender-based violence and complete Police Form 3 in such cases.
The State argued that such examinations involve areas of the human body outside the normal scope of dental practice.
“I am concerned about an officer who trained in dental surgery claiming to have the legal mandate to access Police Form 3 in sexual and gender-based violence cases,” the prosecution argued.
The state asked court to establish whether Dr Bwambaale’s current professional licence, said to bear serial number 2026695900, authorises him to conduct medical-legal examinations and complete Police Form 3 in sexual violence cases.
It also asked the court to seek clarification from the witness’s regulatory body on whether he is registered as a medical doctor or dentist and what his current licence permits him to do.
The prosecution argued that the clarification would assist court in determining whether Dr Bwambaale was competent to give evidence on the medical examinations in question.
The defence lawyers opposed the objection, arguing that Dr Bwambaale has the necessary qualifications and specialised training to testify.
They told court that the witness is a qualified clinical officer with a bachelor’s degree in dental surgery and a master’s degree in pathology.
The defence argued that Dr Bwambaale obtained his master’s degree in pathology in 2020, while the relevant Police Form 3 documents were completed in September 2021.
The defence questioned why the state was challenging the witness’s competence at the stage of presenting the defence case.
The lawyers also pointed out that the state had disclosed the relevant documents, including Police Form 3, at the beginning of the case in 2023.
According to the defence, pathology offers different areas of specialisation, and Dr Bwambaale’s qualifications should be considered as a whole rather than limiting him to his dental training.
The lawyers told court that Dr Bwambaale had presented evidence of his academic and professional qualifications, including his master’s degree in pathology.
The dispute shifted to a specific legal and professional question: whether Dr Bwambaale’s qualifications and current registration allow him to conduct or testify about forensic medical examinations documented on Police Form 3 in sexual and gender-based violence cases.
The prosecution had asked the court to obtain guidance from the relevant professional regulatory body before Dr Bwambaale’s evidence is taken.
The defence, however, maintained that he has the necessary specialised training and qualifications to testify.
