By Kabuye Ronald
In a high-stakes legal battle that has captured national attention, the defense team representing Molly Katanga and her co-accused has accused the Office of the Director of Public Prosecutions (DPP) of deliberately withholding crucial pre-trial evidence.
The case, numbered Criminal Case No. 043 of 2023, revolves around the mysterious death of Henry Katanga, discovered last November in his marital bedroom under suspicious circumstances.
Represented by prominent legal firms Kampala Associated Advocates and Tumusiime, Kabega & Co. Advocates, the defense’s frustration boiled over as they alleged systematic obstruction from the prosecution. According to Martha Nkwanzi, speaking on behalf of Molly Katanga, Patricia Kakwanzi, Charles Otai, and George Amanyire, the DPP’s actions have hindered their ability to prepare adequately for trial.
“The documents sought for complete disclosure are critical to our defense, yet we have been repeatedly denied access,” stated an affidavit filed before the High Court in Kampala on June 21. The defense contends that their requests for full disclosure, including the postmortem report, crime scene evidence, and witness statements, have been met with partial and unsatisfactory responses from the prosecution.
“The prosecution’s failure to provide all requested evidence jeopardizes our right to a fair trial,” Martha Nkwanzi emphasized. The defense alleges that the withheld evidence, such as statements from key witnesses and critical forensic data, could significantly impact the case’s outcome.
The Katanga family has already faced setbacks, including Molly Katanga being denied bail twice despite health concerns exacerbated by conditions at Luzira remand facility. Judge Isaac Muwata’s assurance of a swift trial was used to justify these denials, but the defense now fears that incomplete disclosure could lead to unnecessary delays and procedural injustices.
The High Court had previously ordered the prosecution to furnish the defense with full disclosure by May 3, 2024, but according to the defense team, the materials received fell far short of expectations. “The results of crucial forensic tests and detailed crime scene reconstructions remain undisclosed,” the defense attorneys lamented.
Ms. Nkwanzi, speaking passionately on the matter, asserted, “Access to complete pre-trial evidence is not a privilege but a right integral to ensuring a fair trial.” The defense’s plea for transparency underscores broader concerns about due process and judicial integrity in Uganda.
As the trial date looms, the defense’s quest for justice in the Katanga case has added a dramatic twist to an already gripping legal saga. With implications that could reverberate across the country’s legal landscape, all eyes are now on the unfolding legal battle and its potential to reshape Uganda’s judicial practices.
