When the Katanga case held Uganda spellbound

Yet at the same time, the judge threw the case into more ambiguity when he said he would determine the admissibility of Kanene’s evidence in the eventual judgement.

Justice Muwata, who will resume hearing the case in January, wasn’t able to hear the evidence of Kanene. The 10th prosecution witness was put on the back-burner because the judge soon became ill.

Observers say the fight over Kanene’s evidence also shows what this case has been about and what it will revolve around in 2025. Kanene’s evidence, which includes footage that was obtained from the palatial abode of the Katangas in the leafy Kampala suburb of Mbuya, and phone cell data of the accused, who include widow Molly Katanga; her daughters, Patricia Kakwanza and Martha Nkwanzi; George Amanyire, a domestic worker; and Charles Otai, a nursing officer.

Prosecution has made clear that the evidence is crucial to prove its murder, destroying evidence and accessory after the fact charges. Defence lawyers have, however, moved quickly to poke holes into this evidence, pointing to illegalities.

Accusations flying

Elison Karuhanga, one of the defence lawyers, led the fight to block the evidence of Kanene. Accusations that, contrary to principles of a fair trial, prosecution has been ambushing defence with evidence has put Justice Muwata in a tight spot.

In Uganda, prosecution is responsible for ensuring relevant evidence is submitted to the court and that disclosure obligations are met during pretrial disclosure.

During pretrial sessions, both sides identify relevant evidence, which aids in reducing court delays and ensuring fair trials. However, legal experts have warned that Uganda doesn't have a legal framework that specifically addresses pretrial disclosure. This has led to non compliance, which slackens the pace at which cases move as witnessed in the Katanga murder trial.

“This has been the way prosecution has been handling this case. They have been giving us evidence when they want, and this goes against Article 28 of the Constitution of the Republic of Uganda. That’s why we are against the evidence of this witness [Kanene],” Karuhanga said.

Prosecution led by Samali Wakooli scoffed at these objections, claiming the defence is playing a role in the endless suffering of Molly, who is on remand in prison since her bail applications were turned down by Justice Muwata.

“My Lord, this is the first trial I have seen where an advocate violates his own client’s rights to a speedy hearing by bringing up flimsy excuses,” Wakooli said.

Her colleague, Jonathan Muwaganya, claimed that they didn’t disclose evidence because they wanted to protect the accused from their lawyers. “The data we have has a lot of personal information, which we wouldn’t like to put in the hands of the lawyers. We are protecting the rights of the accused,” Muwaganya said.

This attracted scorn from the defence lawyers. Mr Karuhanga said: “We are acting on behalf of our clients. We aren’t the accused people. They are accused, but we are the ones representing them by the law. The prosecution can’t claim they are protecting the rights of our clients and for us, we are not. Whatever we do is because we have been instructed by them.”

Prison visits queried
 
Before Kanene would take the witness’ dock, prosecution had paraded Naome Nyangweso, a sister of Henry. Nyangweso, who was speaking in Runyankore, disclosed that in his final days, Henry feared for his life. Consequently, he used special hire cars.

“He told me he wanted to discuss something important with me, but asked that we meet with a lawyer present,” Nyangweso said. “He said he didn’t feel safe and he was taking precautions.”

Tables were turned when defence led by Jet John Tumwebaze started cross-examining Nyangweso. Tumwebaze particularly accused Nyangweso of trying to coerce Amanyire to change his evidence or police statement.

Armed with papers, Tumwebaze tabled before Justice Muwata evidence from the visitor’s book from Kigo prison showing that Nyangweso visited Amanyire on February 6. “Can you explain why you visited Amanyire in prison?” Tumwebaze asked Nyangweso, who responded by saying she went to prison to offer support to the incarcerated Amanyire.

Tumwebaze wasn’t done; he collaborated his claims with Amanyire’s statement in which he claimed that Nyangweso tried to influence him to change the story of how events panned out the night of November 2, 2023 when Henry met his death.

The tough-talking Tumwebaze put Nyangweso on the spot, saying: “You told him you had the power to get him out of jail if he listened to you. Is that true? [...] Amanyire claims that you argued with him to stop telling the original story of what happened that night,
insisting that it was Molly who shot her husband.”

The defence claimed that Nyangweso’s visits to prisons weren’t isolated but rather part of concerted efforts to swing the case in favour of the prosecution. They cited how prison records show that former Deputy Attorney General Mwesigwa Rukutana who, for this case, has been hired by the Henry family to aid the prosecution, also made several prison visits along with police detective Wilber Tworekirwe.

“I have never tried to change his story. I was only offering him support,” Nyangweso protested.

Language use

That wasn’t the only fight Tumwebaze had with Nyangweso. They first fought over which language the witness would use.

First, Nyangweso informed the court that these statements had been translated into English, although she had originally given them in her native language, Runyankore.

Tumwebaze, however, disputed her claim, asserting that all the statements were recorded in English without any translation. “I put it to you that there was no translation given. All your statements were recorded in English. It’s, therefore, fair to say, Ms Nyangweso, that you know and speak English,” Tumwebaze argued.

Nyangweso firmly denied the assertion, explaining that she was not fluent in English, which is why she recorded her statements in Runyankore. She further stated that this was also the reason she chose to testify in her mother tongue in court.

Tumwebaze questioned her role as the Local Council (LC) 1 chairperson of Bugolobi, a position that, he argued, requires her to write letters in English. “As an LC, you are always writing letters in English. Have you ever written an English letter?" he asked.

Nyangweso hilariously replied that she writes “the letters in Luganda or Runyankore”, prompting laughter from the courtroom. She further explained that LC matters are different from court proceedings, justifying her preference to use Runyankore in court. Tumwebaze then suggested that Nyangweso’s decision to use Runyankore was a well-thought-out tactic to slow down the cross-examination.

Statement questioned

In terms of implicating Molly in the murder case, Nyangweso told the court that her stepbrother, Henry, had told her that his wife was “very dangerous.”

When pressed by Tumwebaze about what this meant, Nyangweso said he did not directly mention the threat to his life. Seeking clarity, Justice Muwata asked the witness whether she had included Henry’s exact words in her statement about Molly wanting to kill him.

“He said she was dangerous and warned me to keep quiet,” Nyangweso said, prompting Tumwebaze to challenge the witness.

The defence lawyer questioned why this vital information was omitted from all her statements. “Look at the one from November 15 and the one from January 8, 2024— you didn’t mention that he said Molly Katanga wanted to kill him as you testified earlier,” Tumwebaze argued as the statements were passed to the witness for review.

Nyangweso, however, refused to examine the documents, stating: “I can’t read, my Lord.” 

Tumwebaze continued to challenge the credibility of Nyangweso’s statements regarding the murder of her brother, Henry. Tumwebaze questioned why Nyangweso had not included a specific allegation in her police statements that Molly intended to kill her husband, despite Nyangweso claiming this during her testimony.

Tumwebaze further asked if she had ever recorded a fourth statement to plainly state that Henry said his wife wanted to kill him.

Nyangweso told the court that she had not. Tumwebaze pressed further, asking: “I put it to you that you had all the time to include that statement if, in fact, your brother said that Molly wanted to kill him.”