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Katanga’s widow demands DPP evidence ahead of trial
Ms Molly Katanga, the woman accused of killing Henry Katanga, appears at Nakawa Chief Magistrate’s Court where she was charged with the murder of her husband in February 2024. PHOTO/ABUBAKER LUBOWA
What you need to know:
- She claims that despite the court’s directives and timelines, the office of the chief government prosecutor has made partial disclosures, and yet the documents in question, are not privileged and she is entitled to them.
With a few weeks to the start of her much-anticipated murder trial, Ms Molly Katanga has applied to the High Court in Kampala, seeking to compel the office of the Director of Public Prosecutions (DPP) to disclose all the key evidence that they intend to use against her.
Ms Katanga’s trial is expected to start on July 2.
Through her lawyers of Kampala Associated Advocates (KAA) and Tumusiime, Kabega & Co Advocates, Ms Katanga argues that on March 12, the High Court ordered the DPP to disclose all the evidence that they intend to use against her when the trial starts, latest May 3.
She claims that despite the court’s directives and timelines, the office of the chief government prosecutor has made partial disclosures, and yet the documents in question, are not privileged and she is entitled to them.
“An order for immediate, complete and full pre-trial disclosure of prosecution evidence be issued against the respondent for disclosure of evidence listed in appendix A to this application,” reads in part the court documents.
It adds: “…Documents sought for complete disclosure in criminal case no. 043 of 2024 are not privileged and the applicants, accused person whose charges are based on those documents are entitled to the same.”
Ms Katanga is accused of murdering her husband, Henry Katanga, a businessman, on November 2 last year at their matrimonial home in Mbuya, Kampala.
The application has jointly been filed by her two daughters; Ms Patricia Kakwanza and Ms Martha Nkwanza alongside their former shamba boy, Mr George Amanyire, and Mr Charles Otai, the medic who allegedly first responded to the gunshot on the fateful day.
Ms Katanga further states that on June 11, her lawyers received a letter from the office of the DPP whereby they disclosed part of the said information that they had requested.
“The respondent (prosecution) also acknowledged that it had not availed all the information and gave two reasons that they did not want to break the chain of evidence and the information was not in their possession or they did not envisage relying on them,” Ms Katanga avers.
She adds: “The bulk of the disclosure requested by the applicants from the respondent is scientific evidence which forms the basis of the charges against the applicants. The scientific evidence being requested is directly from the partial disclosure that the respondent made.”
The other pieces of evidence that she needs from the DPP’s office are the photographic, graphic, tabulated colour-coded evidence and annexures to expert reports.
“All the disclosure sought is material and relevant to the preparation of the applicant’s case. Before filing this application, the applicants wrote to the respondent requesting for complete disclosure, in futility,” Ms Katanga states.
Ms Katanga has on two attempts been denied bail by the High Court despite fronting ill health, which she claims cannot be managed from Luzira prison.
