It was a moment of frustration for defence lawyers on Tuesday after the trial judge in the trial of Molly Katanga refused to kick lead prosecutor, Samali Wakooli out of the case.
Katanga’s lawyers led by Peter Kabatsi has accused Assistant Director of Public Prosecutions (DPP) Wakoli of bias due to her involvement in preparing the summary of evidence, including a DNA report which they said was a clear conflict of interest .
The defense argued that Wakoli’s bias and conflict of interest compromised her impartiality as a prosecutor, contrary to the constitutional provisions.
They had requested that Wakoli be made a witness, arguing that she prepared and signed the summary of evidence, which contained the DNA report.
The lawyers also claimed that the DNA report was not ready when Wakoli prepared the summary of the case.
“The indictment references the DNA report and tampered closed-circuit television footage, indicating prosecutorial bias and fallacy in the case,” defence lawyer Bruce Musinguzi stated.
On Tuesday, High Court judge Isaac Muwata ruled that Wakoli’s role was limited to guiding on the evidence required, and a competent DNA expert will testify regarding the report.
He consequently declined to kick her out of the case as had been requested by the defence team.
Molly Katanga is accused of the murder of her husband, Henry Katanga, a renowned businessman who succumbed to a gunshot wound on November 2, 2023, at their Kampala residence.
Her co-accused include George Amanyire, a domestic worker, Charles Otai, a medic, and her two daughters, Patricia Kakwanza and Martha Nkwanzi, who are accused of destroying evidence and being accessories to the murder.
