Molly Katanga's lawyers protest move to amend charge sheet
Lawyers representing Molly Katanga and four other accused persons in the case of the murder of businessman, Henry Katanga have protested a move by the state to amend the charge sheet.
When the trial kicked off on Tuesday, the state prosecutors asked court to allow them amend the charge sheet to include new ingredients.
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Assistant Director of Public Prosecutions Samali Wakooli told court that they want an amendment on the count of destroying evidence that would be used in the judicial trial for the murder of Henry Katanga to include the family shamba boy, George Amanyire, and a medical practitioner, Charles Otai but also include the items that were destroyed.
"For count 3(of being an accessory after the fact of murder), my lord we have amended it to include A2 and A3(Patricia Kankwanzi and Martha Nkwanzi). We pray that plea is taken afresh from count 3," Wakooli told court presided over by Justice Isaac Muwata.
However, the accused's lawyers protested this move.
Lawyer Peter Kabatsi said whereas the other clarifications sought can be made, what they cant allow as defence lawyers is charging the accused afresh on charges on which they were not committed to court.
" In other words, a person who was not properly charged and committed to the high court cannot be smuggled," he said.
Bruce Musinguzi added, " The fact that the accused persons were not committed on the offenses on which the prosecution seeks to amend, we would pray that amendment and alteration is rejected. More importantly my lord, the accused persons cannot be tried over an offence on which they were not committed especially tried in this court."
In trying to fight back, Assistant DPP Wakooli cited Section 50 ( 2 )of the Trial and Indictment Act that she said allows court to order for any alterations if the indictment is defective.
"My lord, this happens at any stage and the merits of this case require so. My lord, there is no injustice that will be occasioned even trial hasn't started. My lord, it will meet the ends of justice is this amendment is dome and we pray that there will not be any injustice occasioned."
Lawyer Kabatsi watered down the prosecutions' arguments, insisting that what they are asking for will occasion an injustice.
The trial judge, Isaac Muwata adjourned the case to tomorrow to be able to rule on the matter.
The case has been adjourned to tomorrow.
