Katanga murder trial deferred over indisposed court assessor
Henry Katanga's widow, Molly Katanga, wheeled into the High Court in Kampala on July 2, 2024, ahead of the commencement of the trial in the case in which she is accused of killing her husband. PHOTO/ABUBAKER LUBOWA
What you need to know:
Assessors sit alongside the judge in capital offences and their role is to provide a lay perspective on the case shortly before judgment, helping the judge understand the case from a non-legal standpoint.
Assessors are typically selected from the community, not from the legal profession.
- The state was today expected to produce its 13th prosecution witness, but in vain, following the inevitability of the court assessor.
The high-profile trial in which five people are charged in connection with the murder of Kampala businessman Henry Katanga has been deferred after the judge heard that one of the court assessors was indisposed.
Procedurally, a criminal trial can't go on without a court assessor(s).
"Your honour, we heard that one of the assessors is unwell, we pray for an adjournment. We can't proceed without the assessor," Ms Samali Wakooli, the Assistant Director of Public Prosecutions (DPP) told the court on Tuesday morning.
Registrar Ssalamu Ngoobi, who sat in for presiding judge Rosette Comfort Kania, accordingly, adjourned the proceedings to April 24, 2025, hoping that the assessor will be available.
"Court adjourned until then," the registrar said.
Mr Peter Kabatsi, one of the defense lawyers had demanded to know when the indisposed court assessor would be available, with Registrar Ngoobi responding that on Thursday, since the issue in question was not so serious.
The state was today expected to produce its 13th prosecution witness, but in vain, following the inevitability of the court assessor.
Assessors sit alongside the judge in capital offences and their role is to provide a lay perspective on the case shortly before judgment, helping the judge understand the case from a non-legal standpoint.
Assessors are typically selected from the community, not from the legal profession.
They listen to the evidence presented, analyse it, and then offer their opinion on the case, such as whether the accused is guilty or not.
However, the judge is not bound to follow the assessor's opinion as he/she can depart from it and make their decision independently.
On November 2, 2023, Mr Katanga was found dead at his residence in Mbuya in Kampala following what is believed to be a domestic brawl with his wife, Molly Katanga.
Molly was arrested to that effect and charged with murder.
She is jointly charged with her two daughters Martha Nkwanzi, and Patricia Kakwanza who separately face lesser charges of destroying evidence and being an accessory after the fact of murder.
Other suspects are Charles Otai, a medic who was among the first people to arrive at the home of the late Katanga on the fateful day of November 2, 2023, and Mr George Amanyire, who was a shamba boy at the Katangas home when the incident happened.
All Molly’s co-accused are out on bail.
