The hearing of the case in which Molly Katanga is accused of killing her husband, businessman Henry Katanga, has begun today before Justice Isaac Muwata at the High Court in Kampala.
Molly Katanga faces murder charges, while her two daughters Patricia Kakwanza and Martha Nkwanzi, are charged with tempering with evidence.
Also, their family domestic servant George Amanyire, and a male nurse, Charles Otai, are accused of being accessories to the murder.
The defense team, comprising Kabasi Peter, Jet Tumwebaze, Kabega Macdusman, Elison Karuhanga, Bruce Musinguzi, Zuraic Kasanjja, and Annat Nabaggala, appeared in court alongside the state prosecutors, Wakoli Samali and Jonathan Muwaganya, and Anna Kiiza, who is representing the interests of the state.
The accused persons, including Molly Katanga, who appeared in a wheelchair under heavy guard, denied the charges read out to them in court. However, the proceedings were briefly halted to procure a Rutoro interpreter for George Amanyire, the shamba boy.
The court took a break after the Prosecutor Wakooli asked to amend the charge sheet so that it can be aligned properly with the sections governing the Trial and Indictments Act.
Wakooli asked for some few minutes to allow her include in the charge sheet the exact evidence that was tampered with by Molly’s co accused and also to add them (co accused) on new counts.
When Court resumed, Prosecution informed the Court that they wanted Molly’s co accused to each appear on two charges of destroying evidence and also of being an accessory after the fact of murder.
The accused each has one count at the moment.
However in response, the accused person’s lawyers objected to the amendment. Lawyer Kabatsi said they had no objection to the supply of the items that were destroyed as well as the clarification sought to be made in the third count of being an accessory after the fact of murder.
However, they objected to charging their clients on a new offense which they were not committed to face in the court.
The lawyers argued that there shall be no alterations to an indictment or else it would be prejudicial and hence an injustice to the accused persons.
They prayed that the amendment and subsequent alteration is rejected adding that the amendment of charges cannot happen at this stage.
In response, the Prosecution insisted that amendment happens at any stage and the merits of this case require them to do so. According to Wakooli, it will meet the ends of justice if the amendment is allowed.
Meanwhile Molly has asked to be tried via zoom saying that she gets hardships climbing stairs while coming to the High Court room.
But in response, Judge Muwata indicated that they have not yet decided on who should be charged, and who shouldn’t on some charges and thus advised her to return tomorrow for his ruling on the matter.
The trial is expected to continue with the prosecution presenting its evidence and witnesses to prove the guilt of the accused beyond reasonable doubt. The defense team will also have the opportunity to present their case and defend their clients against the charges.
The late Katanga was killed at his home along Chwa II Road in Mbuya on November 2 last year. He had gunshot wounds on the head, while the wife, Molly, was allegedly found unconscious in the same bedroom.
Henry Katanga’s family launched a campaign that involved posters calling for justice for their beloved family member which culminated into the arrest of his wife and daughters.
According to the indictment, Katanga succumbed to a gunshot injury discharged by his pistol number UG1622200061CZ99 compact.
The children who allegedly responded to a distress call on the fateful day of November 2, 2023, were later accused by the police and the Office of the Director of Public Prosecutions (ODPP) of destroying evidence.
Court has on two occasions declined to grant Molly bail, on grounds that her bail application is not convincing. Earlier, the accused had sought bail on medical grounds.
It is noted that on the fateful day, Molly Katanga was admitted to C-Care IHK, formerly International Hospital Kampala (IHK), with multiple fractures on her upper limbs, various head injuries and in a state of hypovolemic shock.
Hypovolemic shock is an emergency condition in which severe blood or other fluid loss makes the heart unable to pump enough blood to the body.
The accused claims that she has had to undergo at least three surgeries to make it for the hearing after she reportedly sustained serious injuries to the head under unclear circumstances on the fateful night.