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Why court ordered prosecution to hand in key evidence in Katanga trial

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The highly publicized trial of Molly Katanga, accused of murdering her husband Henry Katanga, is set to resume today  at the High Court in Kampala.

The court ordered the prosecution to hand in key evidence, including DNA analysis reports, ballistic evidence, and CCTV footage, due to concerns over the handling and presentation of exhibits.

Justice Isaac Muwata ruled that physical exhibits can only be tendered by the individual who originally recovered them, to maintain a clear and verifiable chain of custody.

This decision was made last month after the defense argued that allowing someone other than the original recoverer to tender exhibits could compromise the integrity of the evidence.

The defense had complained that partial disclosure of evidence made it difficult for them to prepare an adequate defense.

They specifically requested complete disclosure of DNA analysis reports, including Annex II of the DNA Report, which was deemed illegible.

They also requested a complete copy of the case file, including all records, bench notes, phone logs, and photographs.

Additionally, the defense requested laboratory protocols, work instructions, and disposition of evidence records.

They also sought quantification records, electropherograms, software information, STR frequency tables, and data files used in the DNA testing.

The court’s ruling was seen as a significant development in the case, as it highlighted the importance of proper handling and presentation of evidence in a criminal trial.

The prosecution had previously presented evidence through Andrew Kizimura Mubiru, the acting police director of forensic services, who testified that he conducted DNA examinations of the deceased and matched them with Molly and her two daughters, Patricia Kankwanzi and Martha Nkwanzi.

However, the defense argued that Mubiru was not the original recoverer of the evidence and therefore should not have been allowed to present it in court.

The court agreed, stating that only the person who recovered the evidence can present it in court, to ensure a clear and unbroken chain of evidence.

Molly Katanga, who has consistently maintained her innocence, is accused of shooting her husband on November 3, 2023, at their residence in Mbuya.

https://www.ugbulletin.co.ug/why-court-ordered-prosecution-to-hand-in-key-evidence-in-katanga-trial/

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