Katanga Trial: Defence team slams 'unfair' addition of new charges

NATIONAL | The High Court on Wednesday granted the prosecution's application to amend the charges against four persons accused in the alleged murder of businessman Henry Katanga.

Judge Isaac Muwata's decision came amidst objections from the defence team.

The ruling paved the way for the trial to proceed, with the accused persons expected to plead to the new charges.

Ms Molly Katanga was on Day One of the high-profile trial charged with the murder of her husband.

She denied the charges.

The prosecution, led by Samali Wakooli, had applied to amend the particulars of the charge and add new charges against Ms Katanga's daughters Patricia Kankwanzi and Martha Nkwanzi, and their domestic helper George Amanyire and a nurse Charles Otai.

However, the defence team led by Peter Kabasi objected to the amendment, citing Section 50(2) of the Trial on Indictment Act (TIA).

The defence argued that the new charges were not disclosed in evidence at committal and that allowing them would cause prejudice and injustice to the accused persons.

They contended that the accused persons had not prepared to defend themselves against the new charges and that the amendment would be contrary to the provisions of the TIA.

In his ruling, the judge held that the court has the discretion to alter the indictment as it deems necessary for the case.

He noted that the evidence was disclosed at trial, and therefore, the accused persons would not be prejudiced by the amendment.

The court accordingly allowed the amendment of the charges and ordered the accused persons to plead.

The court's decision has been met with criticism from the defense team, with lawyers for Molly Katanga arguing that allowing new charges against their client violates the law.

"The court's decision is a clear violation of our client's rights," said Kabasi.

The court also introduced three court assessors, Sharp Mutonyi, Simon Okongo and Consulate Tabu to help with the case.

The accused persons confirmed that they have no problem with the assessors handling their case.

The assessors will listen to the evidence and provide an opinion to the court on whether to acquit or find the accused persons guilty.

However, their opinion is not binding on the court, which can decide on its own.

The prosecution announced that it is ready to proceed with two witnesses, signaling the beginning of the trial.

The accused persons have been given time to prepare their defense, and the trial is expected to continue in the coming days.