Katanga Trial: Defence lawyers suggest police expert examined wrong gun

As the trial resumed before Justice Isaac Muwata of the High Court Criminal Division in Kampala on Thursday, the defence attorneys cross-examining Mr Mubiru pointed to discrepancies in forensic evidence and suggested it could have been the wrong gun analysed.

KAMPALA | Defence lawyers in the trial of Kampala businesswoman Molly Katanga have cast serious doubts on the authenticity of forensic evidence analysed by police expert Andrew Mubiru.

As the trial resumed before Justice Isaac Muwata of the High Court Criminal Division in Kampala on Thursday, the defence attorneys cross-examining Mr Mubiru pointed to discrepancies in forensic evidence and suggested it could have been the wrong gun analysed.

Ms Katanga, who has consistently maintained her innocence, is accused of shooting her husband, Henry Katanga, on November 2, 2023, at their residence on Chwa II Road in Mbuya.

She is jointly charged with her two daughters Patricia Kankwanzi and Martha Nkwanzi as accomplices in the crime after the murder, as well as Charles Otai, a nurse and the family domestic servant George Amanyire.

Under cross-examination that was continuing from the previous adjoournment, Mr Mubiru faced intense scrutiny from defence attorney MacDusman Kabega, who accused the police forensic expert of examining a gun from a different case, not the alleged murder weapon.

Mr Kabega presented startling evidence, suggesting Mubiru analysed a pistol with a different serial number, contradicting the prosecution's claims.

"Do you agree that each gun has specific serial numbers identifying it and distinguishing it from another?" Kabega pressed.

Mr Mubiru insisted he only examined what was submitted to him for analysis.

"My Lord, I'm not a ballistic expert," he said.

However, Mr Kabega alleged that Mr Mubiru examined a gun from a different case, citing a judgment from the Court of Appeal case, Uganda Vs Kato Kajubi.

"From the evidence supplied to us by the prosecution, it's evident that scenes of crime officers took swabs from a number of exhibits," the defence attorney said.

"Those swabs were supplied to you on police form 17A, but you were not supplied with the swab of the barrel of the gun, fingers of the deceased, trigger house of the gun, but you went ahead and made findings in your report."

He also pressed Mubiru on whether he was supplied with enough materials to conduct the required analysis.

"Now, in your view, Mr Mubiru, did the police provide you with sufficient material to carry out what you wanted to?" he pressed, to which the prosecution witness struggled to answer.

"I dealt with what they gave me; I don't know whether they were sufficient or not," said Mr Mubiru.

Mr Kabega also said exhibits and items were deliberately left for analysis because they would reveal that A1 (Ms Molly Katanga) was badly assaulted.

Lawyers and other experts have previously suggested that Ms Katanga is a victim of domestic violence.

"You were at the scene of crime; these were items of assault, and you didn't do a DNA. I want to suggest to you that you deliberately left them because they would reveal that A1 was badly assaulted," said Mr Kabega.

Evidence on court record shows that a shocking array of weapons was recovered from the master bedroom of Molly and Henry Katanga, including four sticks, a baton, and a pistol.

On Wednesday, August 28, Mubiru, acting Director of Forensic Services, revealed the disturbing details during cross-examination, confirming that Molly’s blood was found extensively throughout the bedroom, bathroom, balcony, and ceiling, with gruesome pieces of her skull and skin discovered on the bedroom door hinge.

The court was shown the exhibits, which included three wooden sticks, a wooden baton, and a metallic walking stick with a curved handle.

A pistol was also recovered from the scene, which Mr Mubiru described as an “armory.”

Mr Kabega also presented hard copies of the software used in Mr Mubiru's examination analysis, highlighting that the software was outdated and prone to inaccuracies.

He also referenced the crime scene procedure manual management by the Directorate of Forensic Services, which Mr Mubiru admitted to during cross-examination.

The defense attorney requested that these exhibits be admitted as evidence, emphasizing their significance in challenging the prosecution's narrative.

Judge Muwata adjourned the case to Tuesday, next week, at 10am for further hearing.

Assistant Director of Public Prosecutions Samali Wakooli and Chief State Attorneys Jonathan Muwaganya and Anna Kiiza are prosecuting.

The defense team consists of Peter Kabatsi, Kabega, Jet Tumwebaze, Bruce Musinguzi, and Elison Karuhanga.