Defence accuses prosecution of coercing witnesses in Katanga trial
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- The logbook also included the name of Jonathan Muwaganya, the lead prosecutor in the case, along with those of other officials.
- Muwaganya contested the use of the logbook as evidence, questioning its relevance and authenticity. He accused Tumwebaze of improperly including his name in the records and requested that Tumwebaze step aside from the case.
The trial of Molly Katanga took a new turn last week, with attention focused on a visitors' book from Kigo Prison. Defense lawyers argued that prosecution witnesses were pressured to alter their statements, implicating Molly Katanga and her daughters in the death of Kampala businessman Henry Katanga.
Defense counsel Jet Tumwebaze presented the visitors' book to support his claim that Naome Nyangweso, a prosecution witness, had visited George Amanyire, a co-accused in the case of Uganda vs. Molly Katanga and 4 others.
Tumwebaze alleged that the purpose of the visit was to persuade Amanyire to change his original statement, which the defense argues supports a theory of domestic violence resulting in suicide.
The logbook also included the name of Jonathan Muwaganya, the lead prosecutor in the case, along with those of other officials. Muwaganya contested the use of the logbook as evidence, questioning its relevance and authenticity. He accused Tumwebaze of improperly including his name in the records and requested that Tumwebaze step aside from the case.
“This is a personal matter,” Muwaganya stated, arguing that the defense's line of questioning aimed to discredit him. He further requested that the issue be resolved in chambers.
Tumwebaze opposed the request, claiming the prosecution was attempting to suppress relevant evidence. “The witness should either confirm or deny the visit,” Tumwebaze said, emphasizing the importance of the logbook to the defense’s case. Justice Isaac Muwata instructed Nyangweso to respond to the questions regarding the visit.
During re-examination, Nyangweso confirmed that she had discussed the case with Amanyire during her visit to Kigo Prison. She also admitted that after their meeting, she went to the office of the Director of Public Prosecutions (DPP) and reported her conversation with Amanyire.
Muwaganya requested that the court dismiss the logbook as evidence, arguing that it was not relevant to Nyangweso's testimony. Defense lawyer Elison Karuhanga responded by urging the court to distinguish between the weight and admissibility of evidence. “The liberty of the accused is on the line, and we cannot permit relevant evidence to be excluded,” he said.
The defense presented a court order, issued under the Access to Information Act, that allowed them to access the prison’s visitor records. They argued that the logbook, listing Nyangweso, Muwaganya, and police officials as visitors, demonstrated that Amanyire was pressured to alter his testimony.
According to the defense, Nyangweso promised Amanyire that he would be released if he implicated Molly Katanga, warning that he would face continued imprisonment if he did not comply. They also claimed that detectives accompanied Nyangweso to hear Amanyire's revised statement.
The trial revolves around differing interpretations of the events leading to Henry Katanga’s death. The prosecution contends it was a planned murder, while the defense claims it was the result of domestic violence, followed by suicide. Amanyire initially testified that Molly Katanga was injured during a violent incident, supporting the defense’s argument that she was not the aggressor.
The defense submitted letters from Kigo Prison, signed by Assistant Superintendent Justine Eyilu, confirming the visits. They argued that the visits were intended to influence Amanyire's testimony.
The trial continues with both sides maintaining their positions on the evidence presented. Justice Muwata will determine whether the prosecution’s conduct affects the credibility of the case and whether the defense has provided sufficient grounds to question the evidence against Molly Katanga.