The prosecution on Wednesday re-examined Andrew Mubiru, a police witness who has in the past three weeks undergone intense cross examination by defence lawyers.
The purpose of re-examination is to enable the witness to explain and. clarify relevant testimony which may have been weakened or obscured in cross-examination.
Mubiru, the police forensics director, who presented key evidence the state intends to rely on against the late Katanga’s widow Molly Katanga, faced tough times in the witness stand at the hands of the defence lawyers.
Defence lawyers led by Mac Dosman Kabega, a former director of Public Prosecutions, and Elison Karuhanga from Kampala Associated Advocates, accused the head of police forensic science of presenting a report in court based on samples that were not collected from the crime scene.
The defense lawyers also alleged potential discrepancies in forensic evidence analyzed.
Eveidence on court record indicate that Mubiru stepped out of the standard operating procedures in criminal investigation to irregularly collect own DNA samples and include them in the trove of evidence in murder trial of Ms Molly Katanga.
Dr. Mubiru, the eighth witness the prosecution put to the stand remains the subject of intense cross-examination by the defence team – for many reasons.
As the trial of Ms Katanga resumed before Justice Isaac Muwata of the Criminal Division of the High Court, the defence team continued to pick him apart as they made every push count in their attempt to prove that she was more of a domestic violence victim than a killer.
Dr. Mubiru, the eighth witness the prosecution put to the stand a month ago, remains the subject of intense cross-examination by the defence team – for many reasons.
As the trial of Ms Katanga resumed before Justice Isaac Muwata of the Criminal Division of the High Court, the defence team continued to pick him apart as they made every push count in their attempt to prove that she was more of a domestic violence victim than a killer.
The forensics examiner told the court that the police had not supplied him with any samples.
The defense lawyers suggested that Mubiru acted beyond the scope of the instructions given to him by police investigators regarding the samples to be tested for DNA in the case.
The defense also pointed out to the court that since Mubiru admits that the swab he took from the trigger of the pistol was consumed in the laboratory, there is no exhibit of such a sample before the court.
Mr Kabega then closed the defense team’s cross-examination but notified the court that at an appropriate time, during the visit to the scene of the crime at the Katanga home on Chwa II Road in Mbuya, Mubiru would be recalled for further cross-examination.
The trial continues to unfold, with the prosecution expected to call additional witnesses to support their case, while the defense maintains a focus on procedural lapses and the handling of forensic evidence.
Defense attorneys had previously accused him of examining a gun from a different case, not the alleged murder weapon. Counsel Kabega presented startling evidence, suggesting Mubiru analysed a pistol with a different serial number, contradicting the prosecution’s claims.
During one of the instense cross examination session Kabega also claimed that a number 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.
Mr. Mubiru confirmed to court 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 on trial over a lleged murder of her husband while her daughters Patricia Kakwanza and Martha Nkwazi, their shamba boy George Amanyire, and nursing officer Charles join her in the dock as accomplices after the murder.
