Katanga: Defence accuse DPP of frustrating case

Chief Magistrate Elias Kakooza looks at the court file: So these are accused 2, 4 and 5 who are in court?

Samali Wakoli, Assistant DPP: Your honour, my name is Wakoli Samali. I am an assistant Director of Public Prosecutions (DPP). I’m appearing for the state in this matter together with Mr Jonathan Muwaganya, and Ms Anna Kiiza, both chief state attorneys.

Your honour, we are also appearing with counsel Mwesigwa Rukutana on watching brief, Frank Kaduho, …Brian, Edgar Ayebazibwe from Mwesigwa Rukutana Advocates and also Kaduho and Company Advocates.  Your honour, on the defence side, I don’t know who is representing who.

Lawyer MacDusman Kabega: May it please your worship, MacDusman Kabega is my name. Your honour, I’m appearing together with Elison Karuhanga, Bruce Musinguzi, and Jet John Tumwebaze on behalf of the accused. 

Wakoli: Your honour, this matter comes up for mention and I received instructions on Friday to handle this matter; so today is my first day here and the rest of my colleagues. We, therefore, have no trail of what has been happening so we are praying for an adjournment. Inquiries are still incomplete.

Kabega: Your honour, first of all, I’m rather surprised at my learned sister to say that she might be new but for her to say she is not abreast with what has been taking place is a surprise to me because the case is being handled by their office (DPP’s office). Besides that, your honour, since inquiries are incomplete and State is applying for an adjournment, which we have no objection to, right now your honour, we formally apply for the release of the suspects. If it pleases your worship, my learned friend Karuhanga can start the bail application process.

Wakoli: Your honour, it’s true it’s our office that has been handling the matter but different officers. In fact, it’s only this morning that I have been availed with a duplicate file. I’m yet to know who has been charged with what. So as the State, we are not in position to handle any bail application this morning. 

We request to be given time as officers of court. We, therefore, reiterate our prayer for further adjournment. We were advised that this court had earlier given criminal summons for one of the accused for January 8, 2024, so we pray that you adjourn to that date. 

Kabega: Your honour, if I may, the charges against the suspects were sanctioned by the office of the DPP so my learned sister cannot claim that she doesn’t know who is charged with what. In any case, your honor, … bail application is to allow not only the accused to be out on bail, but gives sufficient time to the State to do whatever they want. 

These are simple charges that the suspects are facing. If my learned sister needs more time, we can make the application now and she responds in the afternoon and your honour, we are even ready now to avail them with the documents. My colleague Bruce Musingunzi would like to add something.

Musinguzi: Your worship, for the record, Bruce Musinguzi again. Your worship, as the defence counsel, we are a little worried by the trend of the different officers of the office of the DPP, all stating that they haven’t had the opportunity to look at the file. 

Your worship, the first time that this matter came up, on the 21st November, 2023, the State was represented by Elima Doreen. 

Your worship, the next time this matter came up, on 4th December 2023, the record clearly shows that the State was then represented by a lady called Mariam Kulusum again from the DPP’s office and your worship, when she appeared before court, she also claimed she had just gotten the file. So your worship, it seems this is a new trend that every time we come to court, there is a new officer, they all claim they are just looking at the file and on that basis, they seek an adjournment.  

Your worship, based on that history and the conduct of this matter, it’s our humble prayer that the application for bail be heard today, because the reason that my learned colleague is presenting cannot warrant an adjournment. 

Your worship, you will recall from the record that on the 21st when we first appeared, bail was supposed to be determined on 4th December. 

Therefore, the state has had ample time to prepare for this application so we retaliate our submission that the application be heard. … in the alternative your worship, if the state wants to make a response, we can stand over the matter briefly, then we respond, we so pray.

Magistrate’s ruling: I think I have heard from both the state and defence counsel. It’s true that the assistant DPP Samali Wakoli is appearing for the first time and it’s also true that every time this matter comes up, different state attorneys are appearing. Even today, they are new and cannot proceed without reading the file, and I, therefore, adjourn this matter to January 8th to allow State time.

Background

Businessman Henry Katanga was reportedly shot and killed at his home in Kampala. The alleged murder by shooting is said to have happened in Mbuya Hill, a suburb in Kampala’s Nakawa Division in the wee hours of November 2.

Three people, including a medical doctor believed to have been among the first people to arrive at the home following the shooting, were later arraigned in court and sent to Luzira Prison in connection with the killing.

The trio, who appeared before Nakawa Chief Magistrates’ Court, included the deceased’s 32-year-old daughter Patricia Kakwanza, a resident of Mbuya Citadel Apartment, Dr Charles Otai and 30-year-old domestic worker George Amanyire who was working at the home of the businessman.