Katanga’s stepsister grilled over his death in court

Peter Kabatsi (defence lawyer): My colleague Jet Tumwebaze will continue with the cross-examination .

Judge: Please proceed.

Jet Tumwebaze (another defense lawyer): Naume, I think you have a copy of the call logs, Airtel and MTN lines for the deceased. You gave the court three telephone numbers, when we broke off, you wrote three numbers. Confirm those two numbers belong to Henry Katanga.

Nyagweso: You can read them out.

Tumwebaze: 0701942123. Is that Henry's number?

Nyagweso: Yes.

Judge: Are you sure?

Nyagweso: It's MTN you read.

Tumwebaze: No. 0776 942 321, please confirm it's for Henry.

Nyagweso: That's our private number. 

Tumwebaze: Whose number is it?

Nyagweso: It's mine, I used to use it privately with Henry.

Tumwebaze: Is it in your name?

Nyagweso: No.

Tumwebaze: In whose name is it?

Nyagweso: Agaba James.

Tumwebaze: The third number 0781 334 893. Is that your number ?

Nyagweso: I have never had such a number.

Wakooli: We need to confirm with the witness whether those are the numbers she wrote to court. Judge...reads out the numbers.

Tumwebaze: Those are the numbers she gave the court . You obtained court orders with Henry's numbers and the witness calls them hers .

Jonathan Muwaganya (another State prosecutor): Let her make reference to her phone because ordinarily she can't cram those numbers. She can be allowed to make reference to her phone.

Judge: She can refresh.

Look into your phone and tell us those numbers.

Nyagweso: 0776 942321, it belongs to Henry Katanga .

Tumwebaze: 0781 334893, who does it belong to?

Tumwebaze: Whose number did you give us first?

Nyagweso: I had no phone by the time I read that number .

Judge: So she doesn't know?

Tumwebaze: You don't know to whom it belongs?

Nyagweso: I don't even have it on my phone.

Tumwebaze: You made this number up ?

Nyagweso: No, my lord .

Tumwebaze: You were providing these numbers to court , were you lying ?

Nyagweso: No, my lord.

Tumwebaze: Now that you have confirmed the two numbers for Henry; Airtel and MTN, can you look at the call logs?

Tumwebaze: First of all can you confirm to court your official number in your name.

Nyagweso: I want to write it down.

Tumwebaze: It's on your police statement and very public.

Nyagweso: Not everyone in court knows my police statement.

Tumwebaze: Okay let the witness write down her official number.

Judge: You write it down. Have you confirmed it ?

Tumwebaze: Yes, my lord. Let the prosecution give the witness the call records for the two numbers.

Muwaganya: We did not carry the original copies of the logs. We didn't envisage that our colleagues will cross-examine on the call logs for which we had prepared for another witness. 

We disclosed everything and we don't object to our colleagues to ask the witness but he should use what he has.

Judge: Use that.

Tumwebaze: The witness is being shown a copy of call records of MTN and Airtel both belonging to Katanga.

Between September 1 and November 1, can you show us any calls between you and the deceased.

Nyagweso: I have identified one which is marked. Others are not and I can't identify them.

Tumwebaze: Before October 27 2023? I want you to show the calls between you and Katanga.

Nyagweso: We used to talk all the time .

Tumwebaze: You told court that after the wedding Katanga gave you Shs100,000 to buy a secret phone and a line .

Nyagweso: Yes, my lord.

Tumwebaze: Do you recall that the wedding took place on Saturday, October 28, 2023?

Nyagweso: Yes, my lord

Tumwebaze: So, the Monday after the wedding could have been October 30, 2023?

Nyagweso: Yes, my lord.

Tumwebaze: So you bought this line on Monday, October 30, 2023.

Nyagweso: No, my lord. I bought it on a Sunday. I bought the line the next day on October 31.

Tumwebaze: Am I then right to conclude that before the 30th and 31st you and your brother were talking on his two official numbers and your known numbers?

Nyagweso: He used to call me on WhatsApp using his MTN number .

Tumwebaze: In your three statements to police, did you ever reveal any WhatsApp conversation between you and the late Henry Katanga?

Nyagweso: No, my lord .

Nyagweso: The numbers you provided to court, you told court that the Airtel line for Henry is what you put in brackets (on WhatsApp), are you lying ?

Nyagweso: No, my lord .

Tumwebaze: Confirm that nowhere in your police statements did you reveal any secret numbers between you and the late Henry.

Judge: Did you reveal any secret numbers to police?

Nyagweso: No, my lord .

Tumwebaze: I put it to you that the reason you didn't tell anyone or police is because these secret numbers don't exist.

Nyagweso: My lord, they exist.

Tumwebaze: Look at those call logs , do you see any calls between you and the late Henry on October 27, 2023?

Nyagweso: Yes, my lord.

Tumwebaze: You confirm that on 27th was the eve of Patricia's wedding, which was going to happen the following day.

Nyagweso: Yes, my lord.

Tumwebaze: You know the central role that a senga ( paternal aunt) plays at the niece's wedding in Kinyankole culture?

Nyagweso: I will not answer that one .

Tumwebaze: Naume, you have no choice and I pray the court prevails over this witness.

Tumwebaze: One of the roles is to bring milk in a pot to the newlyweds the following morning.

Nyagweso: I know my lord, can I explain myself? They took another aunt and it's her who played that role, not me.

Tumwebaze: You also know that an aunt is the one who gives out the bride to the other side

Muwaganya: My lord, we are in pain, we know its cross-examination but relevancy matters. We are in a murder trial.

Judge: You should know that if it is a cultural practice and it was performed through another person it's okay .

Tumwebaze: My lord we are coming and we are laying in the background.

Tumwebaze: As the late Katanga's only surviving sister, you were to naturally play this role at Patricia's wedding (Patricia Kakwanza is one of Katanga’s daughters and a suspect in this case) ?

Judge: First of all, were you the only surviving sister of Katanga and suitable to play this role?

Nyagweso: Yes, my lord and I was not chosen.

Judge: Answer the questions directly.

Nyagweso: I was supposed to.

Tumwebaze: And you know that Henry didn't pick you for this important role and in fact picked your cousin Lydia Kabirizi.

Nyagweso: My brother didn't pick me but Molly picked Lydia Kabirizi .

Tumwebaze: You know that you didn't play this important role two years earlier at Martha's wedding.

Nyagweso: I didn't my lord.

Tumwebaze: I put it to you that your brother didn't trust you as a senga (aunt) and could not trust you to keep his secrets.

Nyagweso: Not true, he trusted me.

Tumwebaze: Your brother who had not called you in three months and on October 27, 2023, that call was to inform you that you will not play that role.

Nyagweso: No, my lord .

Tumwebaze: I put it to you that your entire conversation with Katanga was made up and the purpose of the call was to fire you as a senga.

Nyagweso: No, my lord.

Tumwebaze: I put it to you that after the death of your brother, your conduct towards his widow and orphans confirms why your brother never wanted you to play a role as a senga .

Nyagweso: Not true my lord, why would my brother fire me ?

Tumwebaze: Do you know Molly Katanga's phone number ?

Nyagweso: Yes, my lord

Tumwebaze: Check on the call log, can you read it to court .

Nyagweso: 077 6914444.

Tumwebaze: Look at the call logs .

Nyagweso: I cannot read them, they are very small.

Tumwebaze: The calls reveal that Katanga called his wife twice every day for the last two months before his death unlike you, he didn't call at all.

Nyagweso: I do not know.

Tumwebaze: And on the day he fired you, he called her twice and also called her four times on the day of the wedding.

Muwaganya: Everybody has seen you know how to insult but we only pray that the witness is treated with respect.

Judge: You have heard.

Tumwebaze: On 29th, he called her twice and 30th / October, the day he allegedly gave you his safe, he called Molly Katanga twice, are you aware ?

Nyagweso: I was not aware because I wasn't in their calls.

Tumwebaze: Going by these call logs given to us by the prosecution; you were not as close to your late brother as you want the court to believe ?

Nyagweso: My lord, I was close with my brother.

 Tumwebaze: On 5th November Henry Katanga was buried in Nyabushozi. You did not attend your brother's burial? 

 Nyagweso: Yes my lord.

 Tumwebaze : You instead made a parallel gathering at your mother's place in Kashari and even made a speech Do you remember what you said ? 

 Nyagweso: Yes I remember. 

 Tumwebaze: At the gathering that there is no way Henry would have shot himself and you gave two reasons because he was right handed and yet he was shot from the left.

 Nyagweso: Yes my lord.

Tumwebaze : The second reason was that you viewed his body in the mortuary, that he had two bullet wounds , one on the head and another in the thigh.

 Judge: Is that true? 

 Nyagweso: It is true, My lord 

 Tumwebaze: You made up this story of two bullet wounds because you wanted to dispel the notion that he had committed suicide. 

 Nyagweso: No my lord.

 Tumwebaze: Do you still stand by that story of two bullet wounds that you gave the mourners? 

 Nyagweso: Yes my lord.

 Tumwebaze: I put it to you that this was meant to concoct evidence against Molly Katanga. 

 Nyagweso: Not true my lord. 

 Tumwebaze: If it can be showed to you that in fact the bullet entered through the right , can be said it was a suicide ? 

 Muwaganya: We object to that question. It is a hypothetical question and the witness is one of fact.

 Judge: That is inconsequential, we should save time.

 Tumwebaze: Naume you confirm you had a brother called Ntomi.

 Nyagweso: It is true.

 Tumwebaze: Confirm that he committed suicide. 

 Nyagweso: No my lord. 

 Tumwebaze: There is a person you confided in that you fear that your brother was suicidal just like my other brother Ntomi.

 Nyagweso: Not true my lord. 

Tumwebaze: I want to put to you that you have a history of suicide in your family and your brother Katanga's suicide did not surprise you . 

Nyagweso: No my lord. 

Tumwebaze: Naume, Amanyire has told us that while he was on remand at Luzira he was transferred to Kigo prison. Are you aware ? 

Nyagweso: Yes my lord.

Tumwebaze: He has told us that while at Kigo , you visited him on 6th February 2024. 

Nyagweso: I didn't go to kigo to visit him. I had gone to see other people and I also saw him and I greeted him. 

Tumwebaze: You didn't visit your daughter Martha and Patricia while on remand at Luzira prison.

Nyagweso: No my lord.