Katanga murder: Sister cross-examined, recounts Katanga's fears

Assistant Director of Public Prosecution (DPP) Samali Wakooli: My lord, the assessors are all in the court, and the accused are also present in court with A1 (Molly Katanga) appearing via Zoom from Luzira prison.

For the prosecution my lord; is represented by me, Mr Jonathan Muwaganya, and Ms Anna Kiiza, who are chief state attorneys. My lord, on watching brief, we have senior Mr Mwesigwa Rukutana and Ms Irene Muhumuza from Mwesigwa Rukutana & Co-Advocates.

The accused persons are jointly represented by Counsel Peter Kabatsi, Macdosman Kabega, Jet Tumwebaze, Elison Karuhanga, and Hanat Nabagala. My lord the matter comes up for cross-examination of PW9 (Ms Naume Nyagweso). We are ready to proceed.

Judge:Are you (the defence side) ready to proceed?

Kabatsi: My lord, we are ready to proceed even in spite of not getting documents, we are ready to proceed without them. My lord, Mr Jet Tumwebaze will start with the cross-examination and then my learned friend Macdosman Kabega will follow.

Wakooli:My lord we got today a new interpreter, we pray that she takes the oath.

Judge: What are your names, are you a clerk?

Interpreter: Ainomugisha Racheal

The Ruyankole interpreter takes oath

Judge:Alright, thank you

Jet Tumwebaze: For the record, I’m Jet Tumwebaze.

Kabatsi:My lord, we need the witness in the witness box, if she sits there, she is too close to the prosecutors.

Judge: If she sits inside there, we won't see her.

They look for a raised chair and put it in the witness dock.

Tumwebaze: Ms Nyagweso, it was your evidence in chief that you recorded three statements before the police, is that correct?

Witness:Yes, my lord.

Judge:I wish you (Ms Nyagweso) would use English.

Tumwebaze: …And you recorded all those three statements in English?

Witness: I recorded it in Runyankole but translated it into English.

Tumwebaze: Do we have those Runyankole statements before the court?

Witness: I was speaking in Runyankole and they were recording in English.

Tumwebaze: I put it to you that in fact there was no translation from Runyankole to English, all the statements were in English.

Witness:It's true, they were recorded in English. 

Tumwebaze:It's, therefore, fair to say that Ms Nyagweso, you know, and speak English.

Witness: I hear English but can't explain it here in court.

Tumwebaze: Let me repeat, that you know and speak it?

Witness: I know it but can't speak it here.

Tumwebaze:It's also fair to say you can read and write in English.

Witness: I don't know how to answer.

Tumwebaze: As an LC1 chairperson of Bugolobi, you are always writing letters in English.

Witness:I write them in Luganda and Runyankole.

Tumwebaze:Have you ever written any of those in English, even one?

Witness: I have ever written one but LC not for court.

Judge:Has she written only one or several of them?

Witness: I have written many but LC things are not like those of court.

Tumwebaze: So it's fair to say that your use of Runyankole here is intended to slow down the cross-examination?

Muwaganya: My lord, we want to object to that question because the choice of language is a constitutional command that a person appearing before the court will have a choice of the language of their preference. So for a witness to be questioned about her choice of language, which is a constitutional right is equivalent to challenging the Constitution itself, we find that question my lord unfair and attracting unnecessary imputation.

Judge: Probably, rephrase that question.

Tumwebaze:So Naume [since] you have written many letters in English, why have you chosen to use Runyankole in court?

Witness:I'm more comfortable with Runyankole.

Tumwebaze: I put it to you that your use of Runyankole is intended to waste time.

Judge: What do you say about that?

Witness: I don’t benefit from delaying the trial.

Tumwebaze:Let's move to your police statements. [He hands her the said statements] and I want the prosecution to give her the original copies of her police statements, if we showed you your statements to the police, would you confirm that they are the ones?

Witness:Yes.

Tumwebaze: When you look at that statement of November 2023, you signed that statement, right every page?

Witness: I signed them my lord.

Tumwebaze:My lord, I pray that I tender in the statement dated November 2, 2023.

Judge:Any problem with that?

Wakooli: My lord, we have no problem with that.

Judge:Let's be specific, the one of …

Tumwebaze: November 2, 2023.

Judge: Let's continue.

Witness:Yes my lord.

Tumwebaze: When you look at that statement, on the last page, it was recorded by Detective Superintendent of Police Bibiyana Ankong, right?

Witness:I don’t know that person’s name and I have not seen her again.

Tumwebaze: Open the last page of your statement, what is written there, a statement written by? Read the names that are there.

Witness: Ankong Bibiyana

Tumwebaze:What is the rank before that name?

Witness: DSP

Tumwebaze:That statement was written from Bugolobi?

Witness:Yes my lord.

Tumwebaze:That statement does not show exactly which place in Bugolobi it was written from, correct?

Witness: Yes my lord.

Tumwebaze: And you know as the chairperson Bugolobi, that there are approximately 16 villages in Bugolobi, correct?

Witness: Yes my lord.

Judge: Approximately 16 villages?

Witness: They are around nine my lord.

Witness: The statement was translated from Runyankole to English.

Tumwebaze: And when you look at that statement, still on the first page, you can see that it was recorded at 21 hours, which is 9pm.

Witness: Yes, my lord.

Tumwebaze: When you look at that very last page, does it show that it was translated from Ruyakole to English?

Witness: My lord, it wasn’t translated. The Munyankole lady was interpreting.

Tumwebaze: Do you see the name of any Munyankole person who allegedly did the translation?

Witness: That one I cannot explain.

Tumwebaze: We shall return to that statement later. Just put it aside, and let's turn to the second statement recorded on November 15, 2023. Did you record a statement on that date?

Witness: Yes, my lord.

Tumwebaze: Does each page bear your signature?

Witness: Yes.

Tumwebaze: Check on the last page, it was recorded by Detective Corporal Mwandha. I pray that the statement is tendered in the one of November 15 of Naume Nyagweso be exhibited as a defence exhibit.

Judge asking prosecution: Do you have any problem with that?

Wakooli: My lord, we have no objection.

Tumwebaze: My lord, I pray that you give her that statement. You recorded that statement at a place called Banana, is that correct?

Witness: Yes my lord.

Tumwebaze: Just confirm that the place called Banana is neither a police station nor your home.

Witness: Yes my lord, it's not my home.

Judge: Is it a police station?

Witness: It's not a place station.

Tumwebaze: In your testimony in chief, you said Banana is a restaurant, if I showed you the picture, would you recognise it? Read what is written on that picture.

Witness: Banana Bar & Bistro.

Tumwebaze: Ms Nyagweso, it's therefore fair to say that this statement was recorded in a bar at 9pm?

Witness: What does bistro mean? (laughter in the court)…. Bistro, I know it as a restaurant.

Tumwebaze: My question is, is it fair to say that this statement was recorded in a bar at 9pm?

Witness: My lord in a restaurant, yes.

Tumwebaze: Naume, I want to put it to you that your statement was recorded in a Banana bar over a drink (laughter in court).

Witness: I wasn't celebrating anything to drink. It was recorded in a restaurant.

Tumwebaze: Let's go to your last and third statement recorded on January 8, 2024. That statement was recorded by Detective Assistant Inspector of Police Okello Francis. It’s just two pages.

Witness: Yes, my lord.

Tumwebaze: Please confirm that, unlike the other two statements, this one was recorded at Jinja Road Police Station

Witness: Yes, my lord.

Tumwebaze: My lord I pray that this statement dated January 8, 2024, be tendered in.

Judge: Any objection?

Wakooli: No objection.

Tumwebaze: Look at the signatures on statements of November 2, 2023, November 15, 2023, and January 8, 2024, they all look different.

Witness: All the signatures are mine and they are the same.

Tumwebaze: You told the court your name was Naume Nyagweso.

Witness: Yes, on one I wrote, Naume Nyagweso and on another, I wrote, Naume Natukunda but all the names are mine.

Tumwebaze: You remember when you came to court, you told the court that your name is Naume Nyagweso, correct?

Witness: Yes.

Tumwebaze: Naume, when we read these statements together, I am right to say that you are the complainant in this case.

Witness: I'm not the complainant.

Tumwebaze: Look at your statement of 8th January, can you please read for us with that second line?

Witness: It shows she is the complainant the way it was recorded.

Tumwebaze: By the time you recorded your statements on 15th November, 2023 A4 (Charles Otai) and A5 (George Amanyire) were already in detention, correct?

Witness: Yes, my lord.

Tumwebaze: By the time you recorded your statement on January 8th, 2024, A2 to A5 were already remanded prisoners in Luzira.

Witness: Yes.

Tumwebaze: In fact by the 8th January 2023, all the accused persons including A1 (Molly Katanga) were already charged.

Witness: Yes, my lord.

Tumwebaze: You therefore knew that your statements would be used as evidence against the accused persons.

Witness: I didn't know and even if they are used, there is no problem.

Tumwebaze: You recorded these statements just because you wanted justice?

Witness: Yes my lord.

Tumwebaze: As LC1, you know that statements are to furnish the police with all the necessary information to prosecute a case.