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DPP accused of frustrating Katanga murder suspects' bail hearing
Police officers and prison wardens wheel deceased businessman, Henry Katanga's widow, Molly Katanga into the court room at Nakawa Chief Magistrate's Court in Kampala on January 24, 2024. PHOTO/ ABUBAKER LUBOWA
What you need to know:
- Katanga's murder case will resume on February 12, 2024.
The office of the Director of Public Prosecutions (DPP) has been accused of “intentionally frustrating the bail hearing” of the suspects in the murder case of Kampala businessman Henry Katanga for ten times in a row.
The accusations were made by one of the defense lawyers, John Jet Tumwebaze, when the case came before Justice Isaac Muwata of the High Court for yet another bail hearing that did not take off.
Tumwebaze claimed the DPP’s office has frustrated the bail hearing seven times at the Magistrates Court level and at least three times at the High Court.
“We are shocked but not surprised, if this application is not allowed, it will be the tenth time the DPP is frustrating this bail application.This is clearly in bad faith, aimed at keeping the accused persons in jail.” A visibly angry Tumwebaze submitted on Monday.
Another defense lawyer MacDusman Kabega submitted that “the bail application served to the DPP on January 17 is the same bail application, hence no need to seek an adjournment by the DPP.”
The submissions by the lawyers followed the inability of Samali Wakoli, the Assistant DPP, to respond to the bail applications of the accused persons and instead sought adjournment.
She, among others, reasoned that some of the contents of the bail application were faint, hence unreadable.
“This application was fixed for a Monday hearing. However, as the respondents (DPP), we were unable to file a response based on the poor quality of the documents that were served to us,” Wakoli submitted.
She added: “…also with the surety, you can’t see particulars of the national identity card very well. Under Rule 5, we are required to verify the documents and give valid defense.”
Another officer from the DPP’s office, Jonathan Muwaganya, argued that it is only fair that the defense counsel serve them with clear bail documentation, which should be verified under Rule 15 of the bail guidelines.
He added that their seeking an adjournment to have the same documents verified is not being done in bad faith as claimed by the defense counsel.
Katanga died on November 2 following an alleged fight with his wife Molly Katanga in their bedroom at their matrimonial home in Mbuya, near Kampala.
Prosecution states that on November 2, 2023 at Mbuya Chwa 2 Road, Nakawa Division, with malice aforethought, Molly Katanga killed her husband.
The widow is charged alongside her two daughters Patricia Kakwanza and Martha Nkwanzi. The two daughters face a lesser charge of destroying evidence.
The other suspects are medic Charles Otai and domestic worker George Amanyire, who both also face a lesser charge of being an accessory after the fact of murder.
Molly has not applied for bail yet but her four co-accused have.
The matter will resume on February 12 since all the judges will be away the whole of next week as they participate in the annual judges’ conference.
