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Court compels DPP to disclose DNA evidence for Katanga murder case
Justice Isaac Muwata during the hearing of the late businessman Henry Katanga case at the High Court in Kampala on August 27, 2024. PHOTO | ABUBAKER LUBOWA
What you need to know:
- The judge's order is intended to facilitate the defense team's cross-examination of forensic scientist Andrew Kizimula Mubiru, scheduled to begin on September 10.
Kampala High Court Judge Isaac Muwata has directed the Director of Public Prosecutions (DPP) to provide necessary forensic DNA evidence to the defense team in the high-profile murder trial involving five individuals charged in connection with the murder of Kampala businessman Henry Katanga.
The judge's order is intended to facilitate the defense team's cross-examination of forensic scientist Andrew Kizimula Mubiru, scheduled to begin on September 10.
“We shall adjourn and during this period, the prosecution shall provide the necessary documentation to the defense and when we return, you (defense team) shall cross examine,” held Justice Muwata.
He continued, “Court shall adjourn to September 10th for further hearing. A1 (Molly Katanga) is further remanded,” held Justice Muwata.
Mr Mubiru, the eighth prosecution witness, concluded his testimony yesterday. However, the defense team, led by Peter Kabatsi, could not immediately start the cross-examination due to missing documentation that the prosecution had not yet provided despite repeated requests since May.
“It is the material evidence referenced in the witness's report that we need before we can proceed with cross-examination. We will require 10 days from today to prepare,” Kabatsi said.
In response, Assistant DPP Samali Wakooli argued that the requested evidence does not fall under the category required for disclosure to the defense.
“My lord, our legal obligation is limited to items presented as evidence. What counsel is requesting pertains to their defense strategy,” Ms Wakooli explained.
The defense seeks various evidential documents, including standard laboratory protocols for DNA testing, a list of commercial software used, report writing details, and data files related to the DNA analysis in the case.
Earlier today, Justice Muwata accepted the DNA report from the forensic expert into evidence but disallowed exhibits recovered from Katanga’s residence in Mbuya on the day of the incident. The judge reasoned that the Scene of Crime Officers should present these exhibits to ensure proper evidence handling.
Exhibits in question include the suspected murder weapon, blood swabs, a walking stick, and bed sheets.
On November 2 of last year, Mr. Katanga was found dead at his Mbuya residence following what is believed to have been a domestic altercation with his wife, Molly Katanga. She was subsequently hospitalized for severe head wounds and later arrested and charged with her husband’s murder.
Molly Katanga has denied the charges. She is jointly charged with her daughters, Patricia Kakwanza and Martha Nkwanzi, who face lesser charges of destroying evidence and being accessories after the fact. Also charged are Charles Otai, a medic at Bugolobi Medical Center, and George Amanyire, a former employee at the Katanga residence.
