Katanga case: Forensics boss grilled on DNA evidence

At 10.21 am, presiding High Court judge Isaac Muwata walks into the courtroom.

The court clerk calls for the Henry Katanga murder file.

Assistant Director of Public Prosecution (DPP) Samali Wakooli: May it please your appearance as before. On watching the brief today, we have Mr Crispus Asiimwe and Ms Ivy Muhumuza.

Judge: Okay

Wakooli: All the assessors are in court and the suspects. A1 (Molly Katanga) appearing virtually. The case is coming up for further cross-examination and the witness is in court.

The witness, Andrew Kizimula Mubiru, walks into the witness dock.

Judge: You are still on oath sir, please continue.

Defence counsel Elison Karuhanga: For the record, I am Elison Karuhanga, we are still on cross-examination and my lord, and I have only five areas. Mr Mubiru go to page 8 of your report. Confirm that you found a mixed DNA profile of at least two donor contributors on the exhibit 51682Y23S002.

Witness: Yes my lord.

Karuhanga: Mr Mubiru, can you confirm that you know what a projectile is?

Witness: My lord, I want to explain what I meant by a projectile.

Karuhanga: No no please just confirm that you know what a projectile is.

Witness: Yes I know what it is.

Karuhanga: Do you also agree that once a bullet is fired from a gun, a cartridge falls out and the projectile is the one that kills in case someone dies?

Witness: The one that penetrates does not mean that it is the one that kills.

Karuhanga: You are obviously aware that Mr Katanga died of a single gunshot wound.

Witness: That's what I have heard. The person in question died after a penetration of a projectile.

Karuhanga: And one projectile was brought to your laboratory for a DNA analysis

Witness: Yes.

Karuhanga: And you found Mr Katanga's DNA on that projectile. I want you to look at your conclusion. So it is your evidence that the bullet that killed Katanga had Molly's DNA as a major contributor by a billion times

Witness: Yes.

Karuhanga: I want to put it to you that the challenge of DNA analysis is that a bullet hits someone and you find someone else's DNA on it.

Witness: My lord, he is pointing at the activity that led to the deposition of DNA because we do not know where the bullet landed.

Karuhanga: You told us you can't speak to the activity but only to the source. I want to leave that and go on to another topic. Mr Mubiru go on your report annexure 4. I want to ask you about the bed sheet recovered from Molly Katanga. Can you confirm that the system shows the user?

Witness: Yes that is the person who logs into the system.

Karuhanga: Can you confirm that the user is Banarbas Harerimana?

Witness: Yes my lord, I can confirm that Banarbas Harerimana is my staff.

Karuhanga: My lord, I want to go to the next page. Would I be right to say that is sample 682Y23S014 which is blood from the door frame of the Katanga house? Can you confirm the user?

Witness: The user is my staff and analyst ASP Barnabas Harerimana.

Karuhanga: Can we move to the next sample 682Y23S01? Can you confirm that the user is Lillian Doris Mutesi?

Witness: Yes my lord, that is my staff.

Karuhanga: Can you confirm it is a magazine?

Witness: Yes my lord it is a swab from the magazine.

Karuhanga: The sample being 6823Sy019, can you confirm that is a trigger and the trigger house?

Witness: Yes that is a swab from the trigger and the trigger house my lord.

Karuhanga: Can you confirm the user is Lillian Doris Muteesi?

Witness: Yes my lord

Karuhanga: Can you move to the next sample 682Y23S020? Can you confirm that is the barrel of the gun?

Witness: Yes it is a swab from the barrel of the gun.

Karuhanga: We go to the next one that is 682Y23S022. Would I be right to say the user is SP Lillian Doris Mutesi?

Witness: Yes my lord.

Karuhanga: Am I correct to say that at no point have I seen the user as Andrew Mubiru?

Witness: Yes my lord.

Karuhanga: Would I be right to say that the user for the samples for the trigger and trigger house, magazine and barrel of the gun was SP Lillian Muteesi?

Witness: No my lord, that was the user who was logged in at that time.

Karuhanga: Can you confirm that the report before court was signed by Andrew Mubiru and ASP Barnabas Harerimana?

Witness: The report before the court was authored by examiners one and two.

Karuhanga: I am talking about the signatures, was it signed by Andrew Mubiru and Barnabas Harerimana?

Witness: Yes my lord.

Karuhanga: Can I be therefore right to say that Lillian Doris Muteesi did not sign this report?

Witness: No she did not author the report and did not sign.

Karuhanga: Mr Mubiru you testified that you visited the Katanga house at plot 50 A Chwa11 road in Mbuya.

Witness: Yes I had an opportunity.

Karuhanaga: Just answer my questions. You testified that you entered the main house.

Witness: Yes I entered the main house.

Karuhanga: I want to suggest to you that there was a command post at that time.

Witness: There were two command posts.

Karuhanga: The command post is a security terminology.

Judge: What do you want to know?

Karuhanga: I want to know where Mr Mubiru was.

Witness: I was inside the house at the administrative wing to offer technical guidance.

Karuhanga: You were in the master bedroom?

Witness: No, I was in the main house but not in the bedroom.

Karuhanga: I want to suggest to you that your Directorate has issued a crime scene manual.

Witness: Yes my lord

Karuhanga: Do you also approve a crime scene procedure manual?

Witness: Yes my lord.

Judge: Now gentleman answer what you have been asked.

Karuhanga: My lord, I have handed the witness a crime scene management procedure manual.

Witness: Yes this is a copy of an unsigned, unapproved crime scene management manual.

Karuhanga: Can you bring us the one you said?

Witness: Yes but that requires a short adjournment.

Karuhanga: You can bring it after lunch.

Karuhanga: But can you confirm that every SOC should have it?

Witness: Yes we make all our officers bound by these guidelines.

Karuhanga: Would I be correct to suggest that there is a difference between the scene of crime and the seat of crime in the manual?

Witness: Yes.

Karuhanga: Is it correct that in this case the scene of crime is the Katanga house and the seat of crime was the Katanga bedroom? Mr Mubiru, can you confirm that you went to the Katanga house on November 2, 2023?

Witness: I need to check my record lord but I remember going there.

Karuhanga: Can you confirm you went to the Katanga’s house more than seven times?

Witness: My lord I went there several times but every time I went there, I signed in the entry log.

Karuhanga: Can you bring us those logs?

Witness: The logs are with the SOCO (Scene of crime officer).

Karuhanga: Did you sign as a DNA analyst or a commander?

Witness: My lord I signed as a supervisor.

Karuhanga: Did you sign as a supervisor for SOCOs

Witness: No my lord. I supervised blood pattern analysis.

Karuhanga: Blood pattern analysis was done on November 22, 2023.

Witness: The team engaged earlier.

Karuhanga: Go to page two of your report.

Witness: I supervise over seven teams. As a director, I was at the scene on several occasions

Karuhanga: So would I be right to say that you were there in the administrative capacity at the scene of the crime

Judge: Be specific and do not generalise.

Witness: Yes I supervise the SOCOs.

Karuhanga: So the entire supervision of this scene was done under your personal capacity?

Witness: That's not correct my lord.

Karuhanga: Every time you were at the scene, you supervised the SOCO?

Witness: Yes I supervised the SOCO.

Karuhanga: Is it fair that you attended the scene of the crime as a supervisor and then went to the laboratory? Don't you find your role to be irregular?

Witness: My role is not irregular.

Continues next week