KAMPALA — The High Court in Kampala has resumed the trial of Kampala businesswoman Molly Katanga and four others, with defense attorneys raising concerns about the legality of key evidence presented by the prosecution.
On Wednesday, November 6, Assistant Director of Public Prosecutions Samali Wakooli presented evidence gathered by digital forensics experts, including CCTV footage and mobile phone data recovered from the crime scene.
However, the defense team, led by attorney Elison Karuhanga, swiftly objected to the evidence, arguing that it had been improperly seized.
“The prosecution cannot rely on images and CCTV recordings that we don’t have. The defense has been denied access to this critical evidence,” Karuhanga argued, emphasizing that the evidence was obtained without proper legal authority. “Our clients have been denied a fair chance to prepare their defense, and this is a clear violation of their constitutional rights.”
At the heart of the defense’s objection was the handling of digital evidence.
Karuhanga argued that the court orders authorizing the forensic examination were issued after the items had already been seized by police, which he claimed violated the procedures set out in the Computer Misuse Act and other legal statutes.
“The law is clear,” Karuhanga continued. “Once the police seize electronic devices, they must return them within 72 hours unless they obtain an extension. The prosecution has failed to show any such extension, making the evidence inadmissible.”
The defense also raised concerns about the lack of search warrants, arguing that without proper authorization for the seizure of the evidence, the entire chain of custody was compromised.
“These items were seized without any legal warrant. The police cannot simply take items and hand them over to the forensics department without due process,” Karuhanga said.
In response, Wakooli dismissed the defense’s objections, accusing them of attempting to delay the trial. “This is the first time I have seen an advocate trying to delay the trial with flimsy excuses,” Wakooli remarked. “The evidence presented is legitimate, and it has been handled according to the law.”
Judge Isaac Muwata, presiding over the case, expressed his concern over the objections and asked for more time to consider the arguments.
“We will reconvene tomorrow to discuss the objections raised by the defense and proceed accordingly,” Muwata said.
Digital forensics expert Enoch Kanene had testified earlier in the day about the process of analyzing the seized phones and CCTV footage. Enoch explained how his department was tasked with examining the devices.
“The request came from Jinja Road Police Station to inspect and analyze CCTV footage and mobile phones recovered from the crime scene,” Kenene said.
Despite his detailed testimony about his qualifications and the process of analyzing the exhibits, the defense maintained that the lack of proper legal documentation undermined the legitimacy of the forensic analysis.
“The prosecution’s actions are contrary to the provisions of the Computer Misuse Act and the Police Act,” Karuhanga contended. “If we allow this, we are setting a dangerous precedent. We cannot allow the state to disregard the law simply because they have evidence they want to use.”
Molly Katanga, the widow, was charged by the police with murder. She is facing trial together with her daughters, Patricia Kakwanza and Martha Nkwanzi, as well as George Amanyire, a domestic worker, and Charles Otai, a nursing officer, who are accused of destroying evidence and being an accessory after the fact to murder. They have pleaded their innocence.
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.
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