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The murder trial of businessman Henry Katanga opened on Tuesday, July 2. His wife Molly is the prime suspect.
She denies the allegations and her defence team insists she is a victim of domestic violence.
The outcome of the high-profile case is now before High Court Criminal Division Judge Isaac Muwata.
At 8am, relatives, friends, media and others had already started heading towards the Kampala High Court building which was undergoing renovations.
Initially, there was confusion over the use of the courtrooms. The case schedule stated Courtroom 6, but Courtroom 1 was actually being used.
By 9 a.m., the courtroom was packed.
Molly’s co-accused – her two daughters Patricia Kakwanza and Martha Nkwanzi, doctor Charles Otai and Chamba boy George Amanyire were already seated in the second front row.
Later, they were called outside to sit near defense lawyers before appearing in the dock.
Defense and prosecution lawyers could be seen moving around inside and outside the courtroom, offering consultations.
At 10:06 a.m., the main suspect, Molly Katanga, arrived at the court under the strict guard of five female prison guards and a trainee prison guard. She arrived at the court in a wheelchair, which has been her main means of physical support for the past eight months.
Molly, wearing her usual brown silk African dress and a white scarf wrapped around her head, looked very frail and had to be helped by a female prison guard to walk, who then placed her in a wheelchair.
At 10:20 a.m., Judge Muwata walked in.
He first questioned why Molly’s co-defendant was sitting next to the defense lawyer, but the defendant said it was because of space issues. He warned relevant personnel to always give priority to the suspect’s seating arrangement.
The court then read out the case.
The defense attorney introduces himself first, followed by the prosecution attorney, and finally the audience attorneys.
The state was represented by Assistant Attorney General Samali Wakholi, Chief State Attorney Jonathan Muwaganya and Anna Kiiza who represented the interests of the state.
The defence team was led by Peter Kabatsi, MacDosman Kabega, Jet Tumwebaze, Bruce Musinguzi, Elison Karuhanga, Zuraika Kasaijja and Hannat Nabaggala.
Molly and her three co-accused all heard the charges read out in English, which they understood, and pleaded not guilty.
On the other hand, there is the issue of language barrier as the Chamba boy George does not know English.
The court had to adjourn for five minutes to find an interpreter who could translate into Ruturo, a language he was familiar with.
The court resumed the trial at 10:50 am.
A female counter-terrorism officer named Advance Ayesigwa later offered to serve as an interpreter, even though she was not familiar with some of the English words.
Despite this, George was able to plead not guilty.
After deliberation, Assistant Attorney General Samali Wakholi requested that the indictment be amended in accordance with Sections (50) and 51 of the Trial and Prosecution Act (TIA).
Defense attorneys also asked prosecutors to disclose summary evidence they intend to rely on in the charges of destruction and tampering with evidence faced by Kakwanza and Masha.
These issues forced Judge Muwata to grant the court another 20-minute break to allow the prosecution and defence lawyers to coordinate.
The trial then resumed with the prosecution agreeing to provide a summary of the evidence it intended to rely on in the charges of destroying and tampering with evidence, which defence counsel welcomed.
However, there are reports that prosecutors want to add more charges against Molly’s accomplices.
Patricia Kakwanza and Martha Nkwanzi faced one charge of destroying and tampering with evidence under the original charge sheet, however prosecutors want to amend that to add a second charge of being accessories to murder.
Likewise, medical worker Charles Otai and Sabah boy George Amanyire were also charged in the original charge as accomplices after the fact to murder – to which prosecutors now want to add a second charge of destroying and tampering with evidence.
The defence lawyer categorically refuted the claim citing various sections of the law.
Kabazi questioned the rationale of the High Court to prosecute the new suspects. He further stressed that people who have not been properly charged and sent to the High Court cannot be smuggled at the trial stage. His argument was corroborated by Musinguzi who insisted that since the co-accused were not sent to the High Court on the new charges, they cannot be tried on the new charges.
However, the prosecution, led by Vakoli, citing provisions of the Trial and Indictment Act (TIA), insisted that the law allows for amendment of the charge sheet at any stage of the trial, stressing that the merits of the case demanded it. She assured that no injustice would be caused, saying that if the amendment was allowed, it would serve the ends of justice.
Kabasi said the attempt to amend the charge sheet was absurd and a disregard of the order causing injustice and consequent prejudice.
Justice Muwata then adjourned the case to Wednesday, July 3, 2024.
However, the defense attorney quickly interjected, asking that Molly be allowed to appear in court via Zoom.
They said her poor health made it difficult for her to walk up stairs, attend court and stand or sit in court for long periods of time.
Judge Muwata ordered Molly to be brought back to court on Wednesday, after which the court will make a ruling.
The prosecution attempted to challenge the request but was quickly dismissed by Judge Muwata, who advised the defence and prosecution not to make things controversial.
At 11:50 a.m., Judge Muwata adjourned the hearing of the case to Wednesday, July 3, 2024, at 10:00 a.m.
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