Friday , November 8 2024

Katanga Trial: Doctor’s testimony raises questions

Molly Katanga appearing before court via zoom. PHOTO URN

Kampala, Uganda | THE INDEPENDENT | There was drama in the High Court Tuesday as Dr. Julius Muhwezi, a prosecution got cross-examined on evidence adduced to pin Molly Katanga for the alleged murder of businessman, Henry Katanga.

Dr. Muhwezi, attached to the Police Directorate of Health Services in Nsambya appeared concerning evidence adduced by the Directorate of Public Prosecutions (DPP).

The DPP’s evidence linked Molly Katanga to the gruesome murder of Henry Katanga by gunshots.

The prosecution said the gun that was allegedly used in the murder had Molly Katanga’s DNA. The Defense side has however contested the evidence to the extent that it wanted one of the Prosecutors, Samalie Wakooli to excuse herself from the trial. Dr. Muhwezi reportedly examined two of the five suspects in the case including shamba boy George Amanyire and Nursing Officer Charles Otai.

Dr. Muhwezi while appearing before the court presided over Justice Isaac Muwata requested not to have his image disclosed in the media as he appeared in the courtroom. He then went on to testify on the examination report he filed on November 12, 2023.

During his testimony, Dr. Muhwezi stated that he found no physical injuries on Amanyire and Otai and certified their mental health as stable.

He documented his findings in Police Form 24 and submitted them to the investigating officer, marking them as the initial prosecution exhibits in the trial.

However, defense attorneys including Elison Karuhanga, Macdusman Kabega, Bruce Musinguzi, John Jet Tumwebaze, and Peter Kabatsi contested the doctor’s testimony, pointing out discrepancies and inconsistencies intended to support the prosecution’s case.

They argued that although Dr. Muhwezi claimed to have examined the suspects on November 12, 2023, the police form lacked their signatures, a critical oversight.

The defense also highlighted conflicting dates and signatures on the form, questioning its reliability. Elison Karuhanga pressed Dr. Muhwezi on George Amanyire’s prolonged detention, exceeding the legal 48-hour limit, to which the doctor responded ambiguously.

Moreover, the defense scrutinized Dr. Muhwezi’s conflicting statements regarding the examination process, initially claiming it was conducted in private but later admitted to the presence of a female nurse.

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In a surprising revelation, the doctor’s signature appeared twice on the police form, with the second instance showing an altered date.

Dr. Muhwezi denied knowledge of the alteration, prompting further scrutiny from defense lawyers about the integrity of the evidence.

Earlier in the proceedings, the court ruled on a request by the defense to have Assistant Director of Public Prosecutions Samalie Wakooli testify due to discrepancies in a January 22, 2024 summary of evidence she signed, referencing a non-existent DNA report.

The court, however, upheld that Wakooli could not testify as a witness, citing legal constraints on the role of the DPP’s office in case preparation.

In another development, Molly Katanga, citing health issues affecting her mobility, was granted permission to attend her trial via Zoom. Molly Katanga is the sole defendant facing a murder charge stemming from the incident on November 2, 2023, along Mbuya Chwa 2 Road in Nakawa Division, Kampala District.

The prosecution did not oppose this arrangement, although Katanga will be required to be physically present during her defense.  The trial continues with the prosecution presenting its case, with further witnesses expected to testify.

The defense will have the opportunity to cross-examine witnesses and present its case in the ensuing days. All accused individuals, except Molly Katanga, are currently out on bail.

The other accused individuals, Martha Nkwanzi and Patricia Kankwanzi, face charges related to tampering with evidence that could have been used to substantiate their father’s murder, and for aiding and abetting the crime alongside Amanyire and Otai.

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