Kampala High Court judge Isaac Muwata has this Tuesday, directed the office of the Director of Public Prosecutions (DPP) to avail all the raw data that the forensics digital examiner in the police will rely on as he continues to testify against the five people accused of being behind the killing of Kampala businessman Henry Katanga.
According to the judge, it’s a cardinal principle in criminal law for the DPP to avail all the evidence to the defense side such that the accused person(s) are accorded a fair trial as per the Constitution.
“…Furthermore, the prosecution was under a duty which continued during the pre-trial period and throughout the trial to disclose to the defense all relevant scientific material whether to strengthen or weaken the prosecution case. Pursuant to that duty, they were required to make avail the records with all or relevant, and tests carried out by expert witnesses,” ruled Justice Muwata.
He continued: “Similarly in this case, the prosecution has a duty to disclose relevant scientific materials notwithstanding, their opinion to the contrary. I find that the raw data and video evidence should be disclosed to the defense. I so order”The ruling of the court follows an objection raised last week by the defense team, demanding that the 10th prosecution witness, Mr Enoc Kanene, a forensics digital examiner with the police, avails them with all the raw data he extracted from the CCTV footage, mobile phones, DVD and other gadgets that the police seized from the residence of the late Katanga in Mbuya near Kampala.
Shortly after the court’s ruling, Mr Jonathan Muwaganya, a Chief State Attorney from the DPP’s office said they would comply with the judge’s order.“His estimation is that he needs about six hours to do that extraction of the raw data from the gadgets so we can be in the position to give the raw data by close of business today so that we are in the position to proceed tomorrow,” Mr Muwaganya submitted.
One of the defense lawyers, Peter Kabatsi shot up and said that they also needed one more day to analyse the raw data before they can resume.After consensus from all sides, the judge adjourned the further hearing of the case to Thursday this week.On November 2, last year, businessman Katanga was found dead at his Mbuya residence before his wife, Molly Katanga was arrested as a key suspect. She has since denied the murder charges against her.
She is jointly charged alongside her two daughters Martha Nkwanzi and Patricia Kakwanza, who both face lesser charges of destroying evidence and being an accessory after the fact of murder.The other co-accused are Charles Otai, a medic, and George Amanyire, a shamba boy.[email protected]
