Kampala, (UG):- The High Court in Kampala has resumed the trial of Kampala businesswoman Molly Katanga and four others, with defense attorneys raising concerns about potential discrepancies in forensic evidence analyzed by police expert Andrew Mubiru.
Ms Katanga, who has consistently maintained her innocence, is accused of shooting her husband, Henry Katanga, on November 3, 2023, at their residence on Chwa II Road in Mbuya, a charge her defence team also vehemently denies.
Mr Mubiru faced intense cross-examination as defense attorney MacDusman Kabega accused him of examining a gun from a different case, not the alleged murder weapon. Counsel Kabega presented startling evidence, suggesting Mubiru analyzed a pistol with a different serial number, contradicting the prosecution’s claims.
“Do you agree that each gun has specific serial numbers identifying it and distinguishing it from another?” Kabega pressed. Mubiru insisted he only examined what was submitted to him for analysis. “My lord, I’m not a ballistic expert,” he said.
However, Kabega alleged Mubiru examined a gun from a different case, citing a judgment from the Court of Appeal case, Uganda Vs Kato Kajubi. “From the evidence supplied to us by the prosecution, it’s evidence that scenes of crime officers took swabs from a number of exhibits. Those swabs were supplied to you on police form 17A, but you were not supplied with the swab of the barrel of the gun, fingers of the deceased, trigger house of the gun, but you went ahead and made findings in your report,” Kabega said.
He also pressed Mubiru on whether he was supplied with enough materials to conduct the required analysis. “Now, in your view, Mr. Mubiru, did the police provide you with sufficient material to carry out what you wanted to?” Kabega added, to which Mubiru struggled to answer. “I dealt with what they gave me; I don’t know whether they were sufficient or not,” said Mubiru.
Kabega also said exhibits and items were deliberately left for analysis because they would reveal that A1 (Ms. Molly Katanga) was badly assaulted. Lawyers and other experts have previously urged that Molly is a victim of domestic violence.
“You were at the scene of crime; these were items of assault, and you didn’t do a DNA. I want to suggest to you that you deliberately left them because they would reveal that A1 was badly assaulted,” said Kabega.
Evidence on court record shows that a shocking array of weapons was recovered from the master bedroom of Molly and Henry Katanga, including four sticks, a baton, and a pistol. On Wednesday, August 28, Mubiru, Acting Director of Forensic Services, revealed the disturbing details during cross-examination, confirming that Molly’s blood was found extensively throughout the bedroom, bathroom, balcony, and ceiling, with gruesome pieces of her skull and skin discovered on the bedroom door hinge.
The court was shown the exhibits, which included three wooden sticks, a wooden baton, and a metallic walking stick with a curved handle. A pistol was also recovered from the scene, which Mubiru described as an “armory.”
Kabega also presented additional evidence, seeking to cast doubt on the prosecution’s case. Kabega tendered hard copies of the software used in Mubiru’s examination analysis, highlighting that the software was outdated and prone to inaccuracies.
He also referenced the crime scene procedure manual management by the Directorate of Forensic Services, which Mubiru admitted to during cross-examination. Kabega aimed to demonstrate non-compliance with procedural guidelines for handling evidence, potentially leading to contamination within the lab.
The defense attorney requested that these exhibits be admitted as evidence, emphasizing their significance in challenging the prosecution’s narrative. Kabega also mentioned a third piece of evidence related to performance, further bolstering the defense’s case.
The presiding Judge, Justice Isaac Muwata, adjourned the case to Tuesday next week at 10 am for further hearing.
Molly Katanga, the widow, was charged by the police with murder. She is facing trial together with her daughters, Patricia Kakwanza and Martha Nkwanzi, as well as George Amanyire, a domestic worker, and Charles Otai, a nursing officer, who are accused of destroying evidence and being an accessory after the fact to murder. They have pleaded their innocence.
Assistant Director of Public Prosecutions Samali Wakooli and Chief State Attorneys Jonathan Muwaganya and Anna Kiiza are prosecuting. The defense team consists of Peter Kabatsi, Kabega, Jet Tumwebaze, Bruce Musinguzi, and Elison Karuhanga.
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