Ms Molly Katanga, the key suspect in the murder of her husband, businessman Henry Katanga, is wheeled into the High Court premises in Kampala on July 3, 2024. PHOTO/ABUBAKER LUBOWA
At 10:17 am, presiding judge Isaac Muwata walks into the courtroom. The court clerk calls for the Henry Katanga murder case file. The suspects head to the witness dock.
Assistant DPP Samali Wakooli: The matter is coming up for cross-examination. She goes ahead to introduce lawyers on both sides.
Wakooli: My lord, all the three accessors are in court.
The witness is present.
Judge: Is this PW8 (Prosecution Witness 8).
Wakooli: Yes. We are requesting that he sits.
Defence lawyer Peter Kabatsi: We wish to alert the court that the materials we wished to have been given, have not all been supplied. In fact, the majority have not been supplied, and even those that have been supplied, two out of the seven supplied, are terribly incomplete.
There are nine materials and documents which have not been given to us.
We have not been supplied with a laboratory... these would be critical in cross-examining this particular witness. Number two, work instructions, have not also been supplied. Documents of the repossession of evidence haven't been supplied. Number four, data files used to create the data have also not been supplied. Number five, instances of contamination in the lab, have not been supplied. Number six preliminary reports that seemed to have been forwarded to the DPP to enable the DPP to construct the charge sheet and indictment, have not been supplied.
Number eight, internal validation studies, and finally, Number nine, interpretation guidelines.
My lord, the defence needed this before we could cross-examine the witness to ensure that there is a complete fair hearing in this case. Nevertheless, my lord, we can proceed to cross-examine this witness with the available material.
Judge: What's wrong with these materials, are they available?
Wakooli: My lord, I also want to say that when it comes to disclosure, we are obliged to supply statements made to police by potential witnesses as well as copies of all exhibits that the prosecution will rely on during the trial. My lord, if you look after the copy of the list, we have everything available to them.
The witness is also in court and can respond to any other questions that may arise. It's therefore unreasonable, for us. When you look at the data files, we availed them and had the opportunity to study them in the past 10 days.
What is clear is that whatever we intend to rely on, they have it, what they are asking for is not part of prosecution evidence.
Kabatsi: We have enough evidence for now to proceed with this witness. Elison Karuhanga will do the cross-examination and my learned colleague MacDosman Kabega will follow.
Judge: You (the witness) are still on oath.
Karuhanga: Much obliged my lord, for purposes of the record, I am Elison Karuhanga. Mr Mubiru, you prepared a report for this hearing, is that correct?
Witness: True
Karuhanga: Mr Mubiru, I am correct that this report contains all the tests you carried out and exhibits that were given to you?
Witness: Yes.
Karuhanga: You will also agree that the report contains all the exhibits you received for analysis.
Witness: My lord, the exhibits I received are detailed in the report and findings.
Karuhanga: So it would be fair to say that this report is fairly conclusive and you have nothing to add and subtract.
Witness: My lord, the report is a conclusion of my findings.
Karuhanga: Is this a conclusive report?
Witness: The tests are conclusive based on my data.
Karuhanga: Is there anything you want to add or subtract from this report?
Witness: My lord, the report has an opinion.
Now, I want to talk about the pistol as Karuhanga asks the court orderly to hand him a plastic toy pistol.
Karuhanga: Are you a trained police officer? If I gave you a toy pistol, can you demonstrate to the court how it works?
Witness: Yes, and this is a plastic toy pistol and I can demonstrate how it works though this is the work of a ballistics expert.
Karuhanga: My lord, I pray that my colleague hands him the pistol. I am going to ask him basic questions.
Karuhanga: Is there a part on a pistol known as a grip?
Witness: Yes
Karuhanga: Show it to us
The witness shows the court the grip of the gun.
Karuhanga: Can you fire that pistol without holding the grip?
Witness: I can fire without holding the grip but the customary way of firing is holding the grip and then firing.
Karuhanga: Would you kindly show us in your report where you tested the grip
We did not test the DNA on the grip
Karuhanga: So would I be correct to say that there is no evidence in your report that A1 (Molly Katanga) picked the pistol?
Witness: That is not true my lord.
Karuhanga: Let’s move to what is called the trigger and the trigger house. Can you show us the trigger house?
Witness: A trigger house is the part that houses the trigger.
Karuhanga: So the trigger house and trigger are different parts?
Witness: Yes my lord.
Karuhanga: Can you agree with me that you can get in contact with the trigger house without having contact with a trigger?
Witness: Anything is possible my lord.
Karuhanga: Can you confirm that you took a test of the trigger and trigger house?
Witness: Took as for one swab.
Karuhanga: So you don’t have an isolated test for the trigger?
Witness: My lord, we took a test for the trigger and trigger house.
Karuhanga: I want you to go to your report, on page 12.
Judge: Are you there?
Witness: Yes my lord
Karuhanga: Look at paragraph 25 (b).
Witness: This is a swab from the trigger, we didn't process the swab.
Karuhanga: Are you familiar with DNA can transfer?
Witness: Yes.
Karuhanga: Do you know that DNA can be transferred from a person to an object?
Witness: Yes my lord.
Karuhanga: So a human being shades DNA?
Witness: It is possible.
Karuhanga: There is a university of… report that states that on average people shade about 600,000 cells per day, is that right?
Witness: It depends on the person.
Karuhanga: If I touch a table, my DNA can go there
Witness: Yes, some of your DNA will go there
Karuhanga: Do you agree if I sneeze near an object, I can deposit DNA?
Witness: Yes.
Karuhanga: Would I be right to say that your report does not distinguish between the primary transfer and the secondary transfer?
Witness: My lord, my report is about source-level prepositions.
Karuhanga: Blood in the bathroom is for Molly Katanga?
Witness: Yes.
Karuhanga: So Molly Katanga’s blood was on the floor, curtain, walls, and bathroom, and they were all characterised as swabs?
Witness: Yes.
Karuhanga: You even recovered her hair.
Witness: I examined a piece of hair recovered with blood
Karuhanga: Explain to us prepositions exhibitions.
Witness: We can't develop prepositions with a request.
Karuhanga: So the investigators were not interested in knowing how Molly Katanga’s blood was deposited on everything in the entire room?
Witness: I don't know.
Karuhanga: You found blood on the floor for Molly Katanga?
Witness: Yes.
Karuhanga: You also [found] blood on the western wall of the wardrobe?
Witness: Yes.
Karuhanga: That is against blood o.
We then have blood on the ceiling.
Witness: Yes.
Karuhanga: So Molly Katanga’s blood was on the floor; everywhere, so it's fair to say that Molly Katanga was subjected to horrendous domestic violence in that bedroom on that fateful day.
Witness: My lord, that is the work of the court.
Judge: No, it’s about evidence
Karuhanga: The state said there was a violent confrontation, does this DNA speak to that?
Witness: I can't speak to that.
Karuhanga: You need to speak, her DNA was all over the room
Witness: I can't speak to the activity
Karuhanga: A swab of brain matter recovered from the mosquito net.
Witness: It was attributed to the deceased, Henry Katanga.
Karuhanga: So would it be right to say that Katanga's DNA was only found around the bed?
Witness: Not really.
Karuhanga: You can also confirm that on that bed, there is no DNA for Molly.
Witness: My lord, I cannot speak to that.
Karuhanga: If it suggested to you that Henry Katanga beat his wife with hands, and sticks, smashed her head, and lost her hair on the wall, would it be fair to say that he will have some of her blood on his hands?
Witness: Hypothetically speaking, it's possible.
Karuhanga: And if he touched a gun and pulled a trigger, would he transfer her DNA onto the trigger?
Witness: Hypothetically speaking, it's possible.
ABOUT KATANGA CASE
Katanga, a wealthy businessman, was found dead at his Mbuya residence in Kampala on November 2, 2023. Molly Katanga, the widow, is charged
alongside her two daughters Patricia Kakwanza and Martha Nkwanzi. The duo daughters face a lesser charge of destroying evidence and being
an accessory after the act of murder.
