The High Court will today, July 9, 2024, deliver a verdict on whether the chief prosecutor will be turned into a witness in the high profile Katanga Murder Case. The defense team for Molly Katanga has requested that the assistant director of public prosecutions, Samali Wakooli, testify in the trial.
Defense’s Argument
Last week, Katanga’s lawyers, led by Peter Kabatsi, urged Judge Isaac Muwata to allow Wakooli to testify. They argued that she prepared and signed the summary of evidence, which included the crucial deoxyribonucleic acid (DNA) report.
The defense contends that the DNA report was not ready when Wakooli prepared the case summary. Other defense lawyers include MacDosman Kabega, Jet Tumwebaze, Bruce Musinguzi, and Elison Karuhanga.
Allegations of Bias
Defense lawyer Bruce Musinguzi stated, “The indictment refers to the DNA report and tampered closed-circuit television footage. Therefore, we need Wakooli to address us on this issue as we believe there was prosecutorial bias, resulting in fallacies in this case.”
The court learned that an examination of the murder weapon found Molly’s DNA to be the most predominant.
In response, Chief State Attorney Jonathan Muwaganya requested the court to dismiss the defense’s application, labeling it as a tactic to delay the trial. Muwaganya argued that under Article 120 (4) (a) of the Constitution, prosecutors perform their duties under the authorization of the Director of Public Prosecutions (DPP), Jane Frances Abodo.
He explained that for cases triable by the High Court, the DPP follows a committal process as stipulated under Section 168 of the Magistrates’ Court Act.
Case Background
Molly Katanga is accused of murdering her husband, Henry Katanga, a well-known businessman. Henry succumbed to a gunshot wound to the head on November 2, 2023, at their home on Mbuya Chwa II Road in Kampala. Molly has denied the allegations.
Co-Accused and Charges
Molly’s co-accused include George Amanyire, a domestic worker, and Charles Otai, a nursing officer. Her two daughters, Patricia Kakwanza and Martha Nkwanzi, are accused of destroying evidence and being accessories after the fact to murder.
| Accused | Charges | Potential Sentences |
|---|---|---|
| Molly Katanga | Murder | Death, if convicted |
| George Amanyire | Destroying evidence, accessory to murder | Up to 7 years in jail for each charge |
| Charles Otai | Destroying evidence, accessory to murder | Up to 7 years in jail for each charge |
| Patricia Kakwanza | Destroying evidence, accessory to murder | Up to 7 years in jail for each charge |
| Martha Nkwanzi | Destroying evidence, accessory to murder | Up to 7 years in jail for each charge |
The court’s decision today on whether to allow the chief prosecutor to testify could significantly impact the direction and outcome of the trial.
