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Soroti, Uganda | URN | The High Court in Soroti has rejected an application by a newly appointed defence lawyer seeking to recall two key prosecution witnesses for further cross-examination in the murder trial of seven-year-old Joan Faith Apio.
Justice Boniface Wamala dismissed the application on Wednesday after ruling that the defence had failed to demonstrate any shortcomings in the earlier cross-examination conducted by the accused persons’ previous lawyers.
Police officer John Bosco Obotol, one of the six people on trial over Apio’s murder, appeared in court with a new lawyer, Muminu Magonu, who said he had been instructed to take over his defence.
Obotol is jointly charged with school directors Joseph Okedi and Suzan Vivian Ariokot Okedi, headteacher James Edoket, school cook Valentine Opio and school matron Osula Adong over the killing of Apio, a Primary One pupil whose body was found in a pit latrine at Jozan Nursery and Primary School on February 5, 2025.
Shortly after being introduced, Magonu asked the court to order disclosure of the trial proceedings and to recall two juvenile witnesses, who had earlier testified after being discharged by the court.
“Since I have joined the accused person today, I pray that the court be pleased to order pre-disclosure of the trial and also allow the prosecution witnesses, two of them, to be recalled for purposes of further cross-examination,” Magonu submitted.
However, when asked by the prosecution to explain why the witnesses should be recalled, Magonu cited Section 146(4) of the Evidence Act, arguing that it gives the court discretion to permit witnesses to be recalled for further cross-examination.
The prosecution challenged the submission, arguing that the cited provision did not confer such a right and accused the defence lawyer of misrepresenting the law before court.
Prosecutors further argued that Obotol had throughout the proceedings been represented by lawyers on state brief, including Francis Ajuun and Joseph Odong, and had actively consulted them during the trial without raising any complaint.
They described the application as a tactic intended to delay the proceedings and argued that recalling the two juvenile witnesses would subject them to further trauma after they had already testified and been discharged by the court.
Justice Wamala agreed with the prosecution, observing that an application to recall witnesses must clearly identify deficiencies in the earlier cross-examination before the court can exercise its discretion.
The judge also noted that Obotol had never informed the court that he was dissatisfied with his legal representation and had continued to engage with his lawyers throughout the proceedings.
“Since your private lawyer has now joined the case, we shall proceed from where we have reached and not start the trial afresh. The two witnesses were thoroughly cross-examined by the defence lawyers,” Justice Wamala ruled.
He rejected the application to recall the witnesses and directed the prosecution to continue presenting its evidence.
The prosecution subsequently called additional witnesses before the case was adjourned to Thursday, July 30, for the hearing to continue.
On Monday, Justice Wamala discharged two juveniles, identified only as A6 and A7, after they admitted participating in the murder of Joan Faith Apio. The court considered the time they had spent on remand and their age before releasing them and turning them into prosecution witnesses.
The two minors gave evidence implicating the remaining accused persons.A6 testified that school director Suzan Vivian Ariokot allegedly instructed her to lure Joan Faith Apio to the school toilets by telling her they were going to meet their father.
She told the court that after becoming suspicious, she hid nearby and allegedly saw Ariokot take the child into the toilet before hearing her scream.
A7, who is Ariokot’s daughter, testified that her mother later confessed to killing the child and instructed her to dispose of the toilet key.
“My mother returned to school later in the evening together with my uncle Obotol. She gave me the keys to throw away and told me she had killed Apio but warned me not to tell anyone,” A7 testified.
