Katanga murder trial: Court to rule on whether prosecutor turns witness

Kampala High Court judge Isaac Muwata will on July 9 rule on an application seeking to have the lead prosecutor in the murder case of Kampala businessman Henry Katanga, turned into a witness.

The demands by the host of defense lawyers earlier today were premised on claims that Ms Samali Wakooli prepared and signed the indictment (summary of the case), hence she is privy to information regarding the DNA allegedly found on the killer pistol on which she is to be cross-examined.

The prime murder suspect is the widow of the businessman, Molly Katanga, who is facing murder charges, in the case also involving her two daughters and two others.

“…So by the time Samali prepared the indictment; that DNA report was not in existence. However, her summary of the case makes extensive reference to the DNA report. Therefore, my lord, we shall need Wakooli to address us based on paragraph 32 of the summary of the indictment,” said Bruce Musinguzi, one of the defense lawyers from Kampala Associated Advocates (KAA).

He added: “We contend that there is a great likelihood that there could have been a prosecutorial bias which resulted in a prosecutorial fallacy. Therefore, we would need Wakooli as a witness to explain where she got the facts of paragraph 32 yet at that time, the DNA report did not exist.”

But in rebuttal, Chief State Prosecutor Jonathan Muwaganya said the constitutional roles of the Director of Public Prosecutions (DPP), include among others, prosecuting suspected criminals which involves drafting committal papers and having them committed to the High Court for trial.

He reasoned that it was upon this background that Wakooli was involved in drafting and signing the committal papers for the suspects in the Katanga murder case as they were sent to the High Court for trial.

“Article 120 (3), among the roles of the DPP, is to institute criminal proceedings against any person in a court of competent jurisdiction. For offenses triable by the High Court, the DPP does so through a committal process under section 168 of the TIA (Trial and Indictment Act),” Muwaganya told the court.

He added: “The DPP is required to file an indictment and a summary of the case signed by her or by an officer authorized by her on that behalf, acting by general or special instructions.”

Earlier in the course of court session, Justice Muwata allowed the prosecution to amend the charge sheet against four co-accused persons.

Core to the amendment of the charge sheet were Katanga’s daughters Martha Nkwanzi and Patricia Kakwanza, who now on top of facing the charge of destroying evidence, face a new charge of being an accessory after the fact of murder.

Similarly, the other two suspects George Amanyire, a former shamba boy at Katanga’s Mbuya residence, and Charles Otai, on top of facing the charge of being an accessory after the fact of murder, now face an additional charge of destroying evidence.

The judge reasoned that since the case is still in the early stages, amending the charge sheet would enable the four to have ample time to prepare their defense.

Katanga was further remanded to Luzira Prison while her co-accused remain on bail.