Katanga trial: Defense criticizes “unfair” addition of new charges against Molly Katanga

“Molly Katanga, a survivor of domestic violence, sits in a wheelchair in a crowded courtroom, her eyes fixed on the judge as she stands trial. Her determination to seek justice is palpable, despite the physical and emotional toll of her ordeal. The courtroom drama unfolds, but the real question is: will justice be served?”

KAMPALA, UGANDA – In a significant breakthrough in the high-profile Katanga case, the court has accepted the prosecutor’s request to amend the charges against the defendants, despite objections from the defense. The decision cleared the way for the trial to continue, with the defendants expected to plead guilty to the new charges.

The prosecution, led by Samalie Wakooli, had requested that the particulars of the charge be amended and new charges added against the four suspects. However, the defence team, led by Peter Kabasi, opposed the amendment, invoking Section 50(2) of the Trial by Indictment Act (TIA).

The defense argued that the new charges were not disclosed at the time of committal and that accepting them would prejudice and injustice the defendants. It argued that the defendants had failed to prepare their defense to the new charges and that amending them would be contrary to the provisions of the TIA.

In his decision, the judge held that the court had the discretion to amend the indictment as it deemed necessary for the case. He noted that the evidence had been disclosed at trial and therefore the defendants would not suffer any prejudice as a result of the amendment. The court therefore allowed the amendment of the charges and ordered the defendants to enter pleas.

The court’s decision was strongly criticised by Molly Katanga’s defence, who believe that allowing new charges against their client violates the law. “The court’s decision is a flagrant violation of our client’s rights,” Peter Kabasi said.

The court also appointed three judicial assessors, Sharp Mutonyi, Okongo Simon Consulate and Tabu, to assist it in the matter.

The defendants confirmed that they had no problem with the evaluators handling their cases. The evaluators will hear evidence and give their opinion to the court on whether to acquit or convict the defendants. Their opinion is not, however, binding on the court, which can decide on its own.

The prosecution announced that it was ready to hear two witnesses, marking the start of the trial. The defendants have had time to prepare their defense and the trial is expected to continue in the coming days.

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