The prosecution on Thursday presented documentary evidence confirming a loan relationship between the late businessman Henry Katanga and Apollo Nyegamehe, also known as Aponye, as cross-examination of widow Molly Katanga intensified.
Court was shown loan agreements, bank transfer forms and payment vouchers indicating that only about Shs157 million of the debt had been repaid by Aponye’s company after his death in July 2023
Cross-Examination by State Attorney, Jonathan Muwaganya.
Muwaganya: Madam Katanga, you understand the implications of the oath you took at the commencement of your defence?
For avoidance of doubt, when you take an oath, you are bound to tell the truth. If you tell lies in a criminal trial, the court can use that against you.
We have several instructions as the State. Your duty is to provide clear answers to court.
Q: Besides the name Molly Katanga, you are also known as Bananukye?
Molly: Yes.
Q: You testified that the deceased assaulted you using a baton. That is wooden?
Molly: It’s metallic.
Q: You told court you developed lumps in your breasts and high blood pressure as a result of that alleged assault?
Molly: Yes.
Q: It is also your testimony that as a result of the assault, you cannot walk or sit unsupported?
Molly: Yes.
Q: And as a result of the assault, your hands are still painful?
Molly: Yes.
Q: Do you have a signature?
Molly: Yes. (She signs; the signature is exhibited in court.)
Q: You say your late husband assaulted you in the bathroom, at the door exiting the bathroom, and also in the bedroom?
Molly: Yes, the space between the door and the bed.
Q: You also told court that you opened the exit door using your elbows?
Molly: Yes. I was on my knees, leaned against the door, and used my right elbow to open it.
Q: The adjacent bedroom you went to belongs to Arthur Katanga?
Molly: Yes, and he wasn’t at home.
Q: This bedroom whose occupant was absent—you managed to open it?
Molly: It was open. We were using it.
Q: Confirm that you called George in your own voice.
Molly: I don’t remember.
Q: Would I be correct that you never instructed George to call your daughters?
Molly: No, I didn’t.
Q: But at some point George and your daughters came and found you in that bedroom?
Molly: Yes.
Q: Who came?
Molly: Patricia, I’m not sure.
Q: Which of the two daughters came first?
Molly: I don’t know.
Q: Where was Siima when your daughters came?
Molly: I don’t know, but he was in the house.
Q: How old is he?
Answer: Born in 2012.
(Prosecuton requests for demonstration to be done in court)
Q: Show court how you opened the door while kneeling.
Molly: The door was open, and I just pushed it.
Q: The reason you are changing your account is because you have realised you cannot open the door while kneeling.
Molly: I am not changing anything.
Q: Did you tell your daughters what had happened?
Molly: I did not.
Q: Did they ask what had happened?
Molly: They didn’t, and I don’t remember because I was in too much pain.
Q: How did you know you were at Bugolobi Medical Centre?
Molly: Either I was told later.
Q: You walked yourself from Bugolobi Medical Centre to the ambulance?
Molly: I don’t remember.
Q: But you remember sitting in the ambulance?
Molly: I think… I don’t remember.
Q: You told court that your hands were not swabbed?
Molly: I don’t know.
Q: Would you have recognised the officer if she came?
Molly: I don’t know.
Q: Would you have recognised her if she came?
Molly: I don’t know if she came or not.
Q: Was Patricia at IHK?
Molly: I’m not sure.
Q: Was Geoffrey Kamuntu at IHK on November 2?
Molly: Yes, he was.
Q: At what time did you know he was there?
Molly: I don’t remember.
Q: Was Martha at IHK?
Molly: I don’t remember.
Q: Do you remember being taken for an MRI examination?
Molly: Yes.
Q: Where were you taken?
Molly: Ruby Hospital at Lugogo Bypass.
Q: Were you given an MRI report? Did you look at it?
Molly: The doctors have it.
Q: Your lawyers disclosed your X-ray. Do you know that?
Molly: No.
Q: Look at it.
Molly: I have never seen it.
Q: So you don’t know how the X-ray was generated?
Molly: I don’t know, but if it is mine, my lawyers might have obtained it from IHK.
Q: Would you know about the authenticity of the X-ray?
Molly: I don’t know.
Q: Would you know why your lawyers generated this X-ray?
Molly: (No clear response)
State: My instructions are that many medical documents, including this X-ray, were generated to exaggerate a medical condition that is not factual.
Molly: I don’t know why anyone would exaggerate.
Q: From your testimony, both your hands are broken?
Molly: Yes.
Q: Demonstrate how you were able to crawl.
Molly: When you are in the position I was, you would also crawl. I don’t know how I crawled, but I was in severe pain.
Q: You said the police gave you an opportunity to make a statement about what happened?
Molly: Yes, once.
Q: Did you record a statement?
Molly: Yes.
Q: Did you disclose your story to the police?
Molly: No.
Q: I put it to you that the first time you told your story was in court.
Molly: Yes.
Q: You are a businesswoman?
Molly: Yes.
Q: Did you study business?
Molly: No.
Q: What is your level of formal education?
Molly: It’s personal.
Q: Do you have any medical training?
Molly: No.
Q: So your conclusions about your husband’s stress and mental state are not based on professional assessment?
Molly: (No clear response)
State: Aponye died on July 6, 2023.
Molly: I don’t remember.
Q: Katanga participated in his burial?
Molly: We both did.
Q: Harold restructured Aponye’s loan?
Molly: Yes.
Q: Katanga reduced interest from 3%?
Molly: I don’t know.
Q: Confirm that it was not about Katanga failing to pay any person's money, but others failing to pay him?
Molly: Yes.
Q: It is your testimony that you advised him to calm down because Aponye’s company could pay?
Molly: Yes.
Q: You were familiar with your husband’s handwriting?
Molly: Yes.
Q: Do you recognise these documents?
Molly: Yes.
Q: What are they?
Molly: Loan agreements between Katanga and Aponye (Shs100m, Shs300m, Shs600m = Shs1bn).
Q: Katanga had an account with Bank of Baroda?
Molly: Yes.
Q: When did you know about it?
Molly: I don’t remember, but I had known for many years.
Q: What is the next document?
Molly: Payment voucher of Shs20m dated August 2, 2023, from Aponye Uganda Ltd.
Q: What is the accompanying document?
Molly Fund transfer request
Q: This fund transfer, does it bear the same date, 2 August 2023?
Molly: Yes
Q: And they are paying these funds to which bank account?
Molly: (Reads out account number) Bank of Baroda
Q: Who was paying?
Molly: Aponye Uganda LTD
Q: Go to the next document
Molly: Payment attached new voucher. August 31, 2023 – Shs101m
Q: Go to the next document. How much is being paid? To whom? By whom?
Molly: 6th October 2023, Shs18m. To Henry Katanga, by Aponye Ltd.
Q: Go to the next document. How much is being paid?
Molly: 1st November 2023, Shs18m. To Henry Katanga, by Aponye Ltd.
Q: Do you see that the company was still paying after Aponye’s death?
Molly: Yes.
Prosecution asks Molly to place the documents back in their order.
