Katanga trial: Police expert admits collecting evidence without proper authorisation

Andrew Mubiru  the police’s Director of Forensic Services, has admitted to collecting and examining evidence without proper authorization in the ongoing murder trial of Molly Katanga and her two daughters.

During cross-examination by defense lawyer Macdusman Kabega on Tuesday morning, Mubiru revealed that he collected samples from the trigger of the suspected killer pistol and various sticks from the crime scene without being supplied by police investigators.

Mubiru acknowledged that he examined the samples himself, sparking concerns about the integrity of the evidence.

Defense lawyers argued that Mubiru’s actions were outside the scope of his instructions, potentially compromising the prosecution’s case.

The defense team pointed out that since Mubiru’s swab from the pistol’s trigger was consumed in the laboratory, there is no exhibit of such a sample before the court.

After closing their cross-examination, the defense team notified the court that they may recall Mubiru during the scene-of-crime visit at the Katanga residence on Chwa 11 Road, Mbuya.

State prosecutors subsequently re-examined Mubiru, presenting two short guns for illustration and explanation.

Last week, defense attorneys raised concerns about potential discrepancies in forensic evidence analyzed by Mr. Mubiru.

Kabega accused him of examining a gun from a different case, not the alleged murder weapon. Counsel Kabega presented startling evidence, suggesting Mubiru analyzed a pistol with a different serial number, contradicting
the prosecution’s claims.

“Do you agree that each gun has specific serial numbers identifying it and distinguishing it from another?” Kabega pressed.

Mubiru insisted he only examined what was submitted to him for analysis. “My lord, I’m not a ballistic expert,” he said.

However, Kabega accused  Mubiru  of examining a gun from a different case.

“From the evidence supplied to us by the prosecution, it’s evidence that scenes of crime officers took swabs from a number of exhibits. Those swabs were supplied to you on police form 17A, but you were not supplied with the swab of the barrel of the gun, fingers of the deceased, trigger house of the gun, but you went ahead and made findings in your report,” Kabega said.

He also pressed Mubiru on whether he was supplied with enough materials to conduct the required analysis.

“Now, in your view, Mr. Mubiru, did the police provide you with sufficient material to carry out what you wanted to?” Kabega added, to which Mubiru struggled to answer. “I dealt with what they gave me; I don’t know whether they were sufficient or not,” said Mubiru.

Kabega also said exhibits and items were deliberately left for analysis because they would reveal that A1 (Ms. Molly Katanga) was badly assaulted. Lawyers and other experts have previously urged that Molly is a victim of domestic violence.

“You were at the scene of crime; these were items of assault, and you didn’t do a DNA. I want to suggest to you that you deliberately left them because they would reveal that A1 was badly assaulted,” said Kabega.

Evidence on court record shows that a shocking array of weapons was recovered from the master bedroom of Molly and Henry Katanga, including four sticks, a baton, and a pistol. On Wednesday, August 28, Mubiru, Acting Director of Forensic Services, revealed the disturbing details during cross-examination, confirming that Molly’s blood was found extensively throughout the bedroom, bathroom, balcony, and ceiling, with gruesome pieces of her skull and skin discovered on the bedroom door hinge.

The court was shown the exhibits, which included three wooden sticks, a wooden baton, and a metallic walking stick with a curved handle. A pistol was also recovered from the scene, which Mubiru described as an “armory.”

Kabega also presented additional evidence, seeking to cast doubt on the prosecution’s case. Kabega tendered hard copies of the software used in Mubiru’s examination analysis, highlighting that the software was outdated and prone to inaccuracies.

He also referenced the crime scene procedure manual management by the Directorate of Forensic Services, which Mubiru admitted to during cross-examination. Kabega aimed to demonstrate non-compliance with procedural guidelines for handling evidence, potentially leading to contamination within the lab.

Molly Katanga, her daughters Patricia Kakwanza and Martha Nkwazi, their shamba boy George Amanyire, and nursing officer Charles are jointly charged with murder.