Kampala High Court Judge Isaac Muwata is set to rule on July 9 on a defense application seeking to have the lead prosecutor in the murder case of Kampala businessman Henry Katanga turned into a witness.
Earlier today, defense lawyers argued that Ms. Samali Wakooli, who prepared and signed the indictment, should be a witness because she possesses crucial information regarding the DNA allegedly found on the murder weapon.
“By the time Samali prepared the indictment, the DNA report did not exist. However, her summary of the case extensively references the DNA report. Therefore, we need Wakooli to address us based on paragraph 32 of the indictment summary,” stated Bruce Musinguzi, a defense lawyer from Kampala Associated Advocates (KAA).
Musinguzi further contended that there might have been prosecutorial bias, which resulted in a prosecutorial fallacy, necessitating Wakooli’s testimony to explain the facts in paragraph 32 of the indictment summary.
In rebuttal, Chief State Prosecutor Jonathan Muwaganya emphasized the constitutional roles of the Director of Public Prosecutions (DPP), which include prosecuting suspected criminals and drafting committal papers. He explained that Wakooli’s involvement in drafting and signing the committal papers was part of her official duties as outlined in Article 120 (3) and section 168 of the Trial and Indictment Act (TIA).
“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,” Muwaganya told the court.
During the court session, Justice Muwata also permitted the prosecution to amend the charge sheet against four co-accused individuals. The amendments included new charges against Katanga’s daughters, Martha Nkwanzi and Patricia Kakwanza, who now face an additional charge of being accessories after the fact of murder, on top of the initial charge of destroying evidence.
Similarly, two other suspects, George Amanyire, a former shamba boy at Katanga’s Mbuya residence, and Charles Otai, now face an additional charge of destroying evidence, alongside being accessories after the fact of murder.
Judge Muwata reasoned that since the case is still in its early stages, amending the charge sheet would give the accused ample time to prepare their defense.
Molly Katanga remains remanded to Luzira Prison while her co-accused are out on bail.
