Katanga trial: Step sister quizzed over 3 police statements

Tumwebaze: Still remembering things as they had unfolded.

Tumwebaze: Should I state that you made an additional statement on November 15 to include in what you had forgotten? In fact even the one of January 8.

Witness: Every statement speaks to its own things. There was no freshness but pain.

Tumwebaze: In your statement of November 2, you stated that you met Henry Katanga on a Monday after Patricia's wedding, is that true?

Witness: I'm not claiming, I met him.

Tumwebaze: And the wedding happened on October 28, is that correct?

Witness: We met many times.

Tumwebaze: We are talking of a wedding.

Witness: The wedding was on October 28, 2023.

Tumwebaze: So the Monday you claimed to have met, would only be the 30th of October, 2023, correct?

Witness: I can't remember but we met and can even produce the phone call log.

Tumwebaze: You also claimed that when you entered Katanga’s office, he closed the office and among other things he told you that A1 (Molly Katanga) wanted to kill him, is that so?

Witness: True, my lord, he told me.

Tumwebaze: Look at your statement of November 2, 2023; the one you recorded immediately after the events, do you state that A1 (Molly Katanga) wanted to kill him (Henry Katanga)?

Witness: My lord, I stated, and I said she is very dangerous. 

Judge Isaac Muwata: Does your statement say that you said Katanga said she wants to kill him? 

Witness: I said he had said she was dangerous. 

Tumwebaze: In fact, you state that Molly warned me, and is very dangerous. 

Also, look at your November 15 statement, nowhere do you state that Molly Katanga wants to kill Katanga.

Witness: The statement was for the safe and nothing about killing.

Tumwebaze: In fact, look at your last statement of January 8, 2024, there is no mention of saying that Molly Katanga wants to kill Katanga 

Witness: My lord, I included it.

Tumwebaze: Reads the additional statement of January 8, 2024. Do you hear anything saying Katanga said A1 wanted to kill him? 

Witness: No, my lord.

Tumwebaze: I put it to you that you had ample time, two months from November 2023 to January 8, 2024, to include that bit to claim that your brother told you that A1 (Molly Katanga) wanted to kill him but you didn't if at all your brother ever made it.

Witness: The word dangerous refers to everything including killing .

Judge: We shall look for the word killing.

Tumwebaze: I want to put to you Naume that the allegation you made that A1 (Molly Katanga) wanted to kill was a malicious afterthought. You came to think of it later.

Witness: That thought of killing him, I didn't record it but he told me that she is dangerous.

Judge: These are serious words, every word matters. 

Tumwebaze: In fact, I want to put it to you that; that word is a concoction of your hating mind.

Witness: That is you, that is what my brother told me and I have nothing personal.

Tumwebaze: You told the court that your father is Mutindi Zabroni, So any document that names any other person is false?

Witness: I don't know that one my lord.

Tumwebaze: Any document that names another person as your father, would it be false.

Witness: Silence.

Tumwebaze: I think my lord, let's record that the witness has refused to answer and we move on. 

Judge: No, let's allow her to respond.

After some time (about two minutes of silence from the witness), the judge recorded that she had not answered.

Tumwebaze: Let me read another statement of November 2, 2023, to you. We were born to the family of the late Arthur Katanga and Mary Katanga and the deceased was the 6th born out of the nine children. Then your statement of January 8th, two months later, also reads another father, Edwin Katanga, were these two statements false?

Witness: My lord, you are right, he was my follower.

Tumwebaze: We are asking about your biological father.

Witness: I'm talking about my brother because I'm here because of my brother and not my father.

Tumwebaze: So the reference by these two statements to your father being Arthur Katanga, are they false?

Witness: He was a cousin to my father.

Tumwebaze: The question was whether the two statements were false or not and not about their relationship.

Tumwebaze: Would I be right Naume that you always invoke the Katanga name to get part of the Katanga estate (boos in court).

Witness: My lord, I have been using the name Naume Natukunda and when I got married, I added the Nyagweso name. I have never used Katanga in any of the documents my lord.

Judge: You said they invoke it.

Tumwebaze: Yes.

Witness: Never, God is my witness.

Tumwebaze: Isn't that when you presented yourself to the police as Katanga, the sole purpose was to inherit your step brother's estate?.

Witness: My lord, never, I have enough.

Tumwebaze: Naume you are aware of a land dispute between the estate of the late Prince John Barigye and Edwin Katanga?

Witness: Yes.

Tumwebaze: You gave evidence in that case?

Witness: True.

Tumwebaze: In that case, you testified on oath that you are a daughter of Arthur Katanga.

 Witness: Never, never.

Judge: My lord, because of the widow who is my mother, I used to go with her to court.

Witness: It's not true that I took oath as a daughter of the late Arthur Katanga.

Tumwebaze: Hands her a judgment of the said land case

Witness: My lord, I know the judgment, the document can remain there. (laughter in court). I will not read it. My lord, we are on Henry and not a land case, I won't read anything and I won't state anything about this (as she raises her voice). 

She (Naume) refuses to go through the judgment.

Jonathan Muwaganya (state prosecutor): We want to object to this line of cross-examination. My lord, we are aware that in cross-examination you have the leverage to ask so much but the law also restricts the questions to be asked in cross-examination, they must be well-founded. No foundation has been laid between the witness and the judgment.

Elison Karuhanga (another defense lawyer): My lord if I may, I think my learned friend has consistently objected basing on that section. Section 147, is a section about evidence on character. Every time he has raised an objection, he has raised that section. 

The witness told this court who her father is, and my learned friend is bringing documents to contradict that fact, first of all, under the law, questions in cross-examination, include questions that test the veracity and more importantly, Section 177(2) of the Evidence Act, provides that examination and cross-examination must relate to relevant facts. 

The constant interjection as a strategy to break the flow of progression of this case must be seriously discouraged.

Tumwebaze: Did you testify as a daughter of Arthur Edwin Katanga?

Witness: This is not my case, I would escort my mother to court.

Tumwebaze: I put it to you that you lied under oath that you are a daughter of Arthur Katanga.

Witness: Never. 

Tumwebaze: Do you know that lying under oath is an offense?

Witness: Never.

Judge: Do you know that telling lies is an offense.

Witness: My lord, I'm not lying.

Tumwebaze: I put it to you lastly on this issue that you are a habitual liar.

Witness: God forbid, I'm telling the truth but nothing but the truth.

Court breaks for lunch.

 Court resumes.

Defense lawyers resume with the cross-examination. 

Tumwebaze: You live in Bugolobi flats, correct?

Witness: Yes.

Tumwebaze: Confirm that it’s approximately 1.5 kilometres from the Katanga residence.

Witness: I’m in Bugolobi flats and he was in Mbuya, so I don’t know how many kilometers they are there.

Tumwebaze: Is it like a five-minute drive from your house to Katanga’s residence?

 Witness: If there is no traffic, it can take like 20 minutes.

Tumwebaze: My other question is that it can even be faster on a boda boda?

Witness: I have never traveled on a boda boda to know how many minutes it would take there.

Tumwebaze: Please let’s go to your police statement of November 2nd, 2023. In that statement of yours of 2nd November, look at it, you stated, and I'm directly reading from your statement and you said ‘today Thursday, I woke up very early, prepared myself and had breakfast with my son and he left’. This must be Timothy Nyagweso, correct since you gave evidence in this court?

Witness: Yes, my lord.

Tumwebaze: ‘I received a call from a shamba boy to the deceased and he sounded very terrible on the phone saying something had happened and that I should go’. Is that in your statement?

 Witness: Yes. 

Tumwebaze: it was the testimony of your son that he spent the night of November 1 to 2nd, at your residence:

Witness: Yes

Tumwebaze: He also testified that he left the house at 7:45 am, is that correct?

Witness: I can’t recall exactly what time it was but between 7 am and 8 am.

Tumwebaze: So, according to your statement which I read above, as Timothy was leaving, you received a call from George Amanyire?

Witness: That is not right because Timothy had already left.

Tumwebaze: ‘Today I woke up very early and I had breakfast with my son and as he left, I received a phone call’. So this was not at the same time but in the same sequence. So would I be fair to say that as he left, then you received a phone call?

Witness:…

Tumwebaze: I’m right to say that you received a phone call from Amanyire at around 7.

Witness: It was between 7 am to 8 am

Tumwebaze: You also said when George called you, he told you that there was a fight in the house, correct?

Witness: Yes ,my lord.

Tumwebaze: George asked you to go to the Katanga residence, correct?

Witness: yes, my lord

Tumwebaze: So it’s fair enough to say that when George called you, Henry Katanga was still alive?

Witness: I don’t know whether he was alive or dead.

Tumwebaze: You then claimed that you called Patricia?

Witness: I first called George.

Tumwebaze: You have just told the court that she was also called by the shamba boy, is that correct?

Witness: I thought

Tumwebaze: And Patricia told you what was happening at the Katanga house, is that correct?

Witness: Yes my lord

Tumwebaze: And she told you that she doesn’t know but she was rushing there

 Witness: Yes my lord.

Tumwebaze: At this time, had you done something?

Witness: I was waiting for my son

Tumwebaze: Please confirm to this court that you never spoke to Martha at all at the end of November and what you told the court was what you learned about her and you never talked to her at all on November 2.

Witness: I got it from my son

Tumwebaze: Are you aware that Martha was at the same time rushing to the Katanga residence?

Witness: I don’t know my lord

Tumwebaze: Do you know that Martha was at that time nine months pregnant?

Witness: I knew that she was pregnant but I did not know about her rushing there.

Tumwebaze: In fact, she delivered two weeks later, are you aware?

Witness: Yes, my lord

Tumwebaze: The only person who didn’t move that day at that time was you

Witness: It's not true my lord

Judge: But I thought she said; she was waiting for her son.

Tumwebaze: You know a PW2 (Musedde Samuel, a police officer) testified that immediately Patricia reached Katanga’s residence, she called him, are you aware?

Witness: I was not aware of my lord.

Tumwebaze: Are you aware that the same Musedde arrived two hours after Patricia's phone call?

Witness: I didn’t know

Tumwebaze: Do you know that Musedde arrived before you?

Witness: I’m not aware, I don’t know

Tumwebaze: Musedde who was in Mukono, managed to arrive before you

Witness: I am not aware

Tumwebaze: Are you also aware that Otai Charles was called by Patricia?

Witness: I don’t know

Tumwebaze: Do you know that Ogwang Peter testified that he arrived at the house at around 10 am

Witness: I don’t know

Tumwebaze: Do you know that Ogwang reached before you?

Witness: I don’t know

Tumwebaze: Are you aware that Ogwang Peter, the OC of Bugolobi testified that he was called by Charles Otai, A5?

Witness: I don’t know

Tumwebaze: According to the evidence that your son Timothy gave to this honorable court, you called him to pick you up at around 9:30 am, is that correct?

Witness: Yes my lord, because he was coming from far

Tumwebaze: And you testified that when you reached that you found many soldiers and policemen

Witness: Yes my lord

Tumwebaze: I want to put to you that you reached the Katanga residence at 11 am

Witness: That is not true, my lord.

Tumwebaze: I put it to you it took you four hours to respond to a distress call and yet you claimed to love him (Henry Katanga) so much.

Witness: It's not true my lord, I could not remember the time but it wasn’t 11 am.

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