Henry Katanga's widow, Molly Katanga, reacts in the High Court in Kampala on the first day of her trial over the murder of her husband on July 2, 2024. PHOTO/ABUBAKER LUBOWA
Shortly after 10am, Ms Molly Katanga was wheeled into a parked courtroom from Luzira prison where she has been incarcerated for several months. She was moments later, supported by two female prison officers shoulder by shoulder to move to her sitting place in front of the courtroom in a wheelchair.
At 10:20 am, a bang goes on the door, signaling the arrival of trial judge, Isaac Muwata. The court clerk reads out the case file number. Four suspects who are currently out on bail, head to the court dock as Molly Katanga remains seated in her wheelchair.
Judge: Are all the accused persons here?
Peter Kabatsi (Molly Katanga’s lead lawyer): My name is Peter Kabatsi, from Kampala Associated Advocates (KAA). I appear for all the accused persons. Appearing with me is Mr Macdosman Kabega, separately extracted by all the accused from Tumusiime, Kabega & Co. Advocates. Also appearing with me from KAA are Elison Karuhanga, Jet Tumwebaze, Bruce Musinguzi, Zulaika Kasaijja, and Hannata Nabaggala.
Prosecutor Samali Wakoli: My lord, I am Wakoli Samali, an assistant DPP, together with my colleagues, Jonathan Muwaganya, a Chief State Attorney, and Ms Anna Kiiza, a Chief State Attorney. On watching brief are senior counsel Mwesigwa Rukutana, Mr Bihayo Briana, and Ayebazibwe Edgar.
My lord, this matter comes up for plea and all the accused persons are in court and we pray that plea is taken.
Judge: Can the suspects stand in their order?
Counsel Musinguzi: My lord, as he points at Ms Katanga, “is in a wheelchair and can’t move over there in the dock.
Judge: Which language?
Four accused persons: English.
Suspect Amanyire: Lutooro.
Judge: Hope we don’t get stuck, do we have a Lutooro interpreter?
Judge: Count one, murder contrary to 188 and 189
Court Clerk: The particulars of the offence are that Katanga Molly on the 2nd day of November 2023, at Mbuya Chwa 2 Road, Nakawa Division, with malice aforethought, killed Henry Katanga.
Judge: How do you plead?
Molly Katanga: Not guilty
Judge: Plea of not guilty entered.
Judge: Second count: Martha Nkwanzi Katanga and Ms Patricia Kakwanza knowing that things at the scene of crime may be required in evidence in a judicial proceeding, removed or destroyed them or rendered them illegible or undecipherable or incapable of identification.
Judge: Do you understand? Is it true?
Suspects Kakwanza and Nkwanzi: Not true
Judge: Count 3: Being accessory after the fact of murder. Otai Charles and Amanyire George, received or assisted other people who were to their knowledge liable for an offense, in order to enable them to escape punishment.
The court gets stuck a bit after getting the challenges of getting a Lutooro interpreter.
Counsel Kabatsi: For purposes of not wasting the court’s time, I know I’m going to breach the procedure, but I have instructions from all my clients that they will plead not guilty. So let’s proceed.
Judge: But even then after, he needs to follow the proceedings. Amanyire has caught us off guard, give me five minutes and I reorganise myself.
The judge excuses himself and leaves the court.
Businessman Henry Katanga's murder suspects including his two children Martha Nkwanzi and Patricia Kakwanza, plus shamba boy George Amanyirwe and nurse Charles Otai appear in the High Court in Kampala on July 2, 2024 on the first day of trial over the murder. PHOTO/ABUBAKER LUBOWA
A few minutes later, the judge returns with a Lutooro interpreter known as Advance Ayesigwa, (a police officer). The interpreter takes an oath.
The court clerk then reads count three for Mr Amanyire.
Suspect Amanyire: Not true
Judge: Plea of not guilty entered.
Prosecutor Wakoli: My lord from what has been read, we noticed that some bits of section 393 are missing and we, therefore, move court to have the particulars amended under Sections 50 and 51 of the TIA (Trial and Indictment Act). This is count three, my lord.
Judge to defence lawyers: Do you have any problem?
Counsel Kabega: My lord we have heard their prayer, we don’t object to the amendment.
Judge: Okay, if that is the case, make the amendment, you can put it here, then later on, can introduce a written amendment but for now, you can continue and so far, he has pleaded not guilty.
Counsel Kabega: My lord, maybe also for the record, regarding count two, appears to be incurably defective so far as it does not disclose what was destroyed. What are these items that are said to have been rendered imperative and destroyed so that we can prepare our client’s defence?
Judge: What do you say about that (asking the prosecution side)?
Prosecutor Wakoli: We have no problem, but let’s stand over the matter for like 10 minutes and we will correct all and respond at once.
Judge: This is okay, let’s stand over the matter and we return at 11:20 am.
The court is adjourned. Judge returns and asks if everything is okay
Prosecutor Wakooli: My lord, now on count two, we are amending to include the items that were destroyed and then also to include A4 (Accused four, Mr Otai) and A5 (Accused five, Mr Amanyire).
Judge: So, the amendments are done?
Prosecutor Wakoli: My lord to include A4 and A5 and also to include the items and things that were destroyed and for count three, my lord, we have amended to include A2 (Accused two) and A3 (Accused three) and also to provide clarity in accordance to Section 393 and also to correct to Section 393 of the Penal Code and to correct Section 206 that provides for punishment. We, therefore, pray that plea is taken now on counts two and three afresh.
Defence lawyers object
Counsel Kabatsi: We would have no objection to the supply of the items to count 2 as well as the clarification sought to be made in count 3; actually, that can be done but what cannot be done in our view is to charge people a new who were not committed to this court as its being sought to be done. In other words, a person who was not properly charged and committed to the High Court cannot just be smuggled into a trial.
Counsel Bruce Musinguzi: My lord, for the record, Bruce Musinguzi. My lord, I want to supplement what my senior has submitted. My lord, I will start with Section 50 (3), which my learned colleague counsel for the prosecution is relying on; there is an exception my lord that there shall be no alteration to an indictment.
That provision has been a subject of case interpretation in the case of Byansi Vs Uganda. In summary, my lord, that case states that no amendment or alterations can be permitted which will be prejudicial to an accused person. My lord, as my senior colleague has stated, the accused persons were not committed on these offences, which the prosecution seeks to introduce at this stage, would be wrong my lord for the court to permit an amendment/ alteration. My lord, once courts permit such amendments or alterations. My lord, in the case of Byansi, what the courts permit are defects that don’t go to the roots of the offense. Now as my learned friend stated, making changes to the charges provided they don’t include new accused persons, my lord we pray that the amendment and alterations be rejected. More importantly my lord, the accused persons cannot be tried over an offence for which they were not committed, especially tried within this court, we so pray my lord.
Prosecutor Wakoli: My lord, Section 50 and sub-section 2 of TIA allow this court to order any alterations if the indictment is defective and this happens at any stage. My lord, this happens at any stage and the merits of this case require so. My lord, there is no injustice that will be occasioned since even the trial hasn’t started. Secondly, my lord, the exception read is if the evidence is not disclosed in the summary. My lord, the evidence is already on the court record, that the accused persons are already privy to in paragraphs 23 and 24 of the summary of the case, which the accused persons were all privy to almost a year ago.
My lord, it will meet the ends of justice if this amendment is done and we pray that no injustice will be occasioned. I so pray.
Counsel Kabatsi: The prosecution is misleading the court saying you can amend the charges every time even if you bring a person who has never been charged just before judgment. Can you amend the charge sheet for a suspect who has not attended trial? That is causing injustice and prejudice. Number two, whatever is in the indictment for other people, whatever facts are disclosed for other people, which has got nothing with a person who was not charged and committed for trial because he will not be bothered for defense of the existing charge and the facts don’t concern him or her. You can’t just take a person before his lordship who was not committed to this session.
Prosecutor Wakoli: My lord just wanted to bring to the attention of the court of Section 51 (a) that guides this court on what should be done which has no limitations on what is being raised.
Judge: Ruling on 3rd July (today) at 10am.
Counsel Musinguzi: Just one house-keeping issue. She (Molly Katanga) has issues climbing stairs, going forward, can you allow her to attend the trial via Zoom?
Judge: We have not decided who should be charged, so let her come tomorrow (today).
Court is adjourned.
