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Kampala, Uganda | THE INDEPENDENT | The Office of the Director of Public Prosecutions-DPP has asked the High Court Criminal Division in Kampala to dismiss the bail application filed by Molly Katanga who is facing charges of murdering her husband businessman Henry Katanga.
Molly on Wednesday appeared before the Court via a Zoom link connecting her from Prison to Court and applied for bail through her lawyers Peter Kabatsi, MacDusman Kabega, Jet Tumwebaze, Bruce Musinguzi, and Ellison Karuhanga.
She appeared before Justice Isaac Muwata and presented four sureties.
They included a niece Dr Patrick Kabayo, a retired civil servant, Retired Gen Emmanuel Burundi Nyamwanisa, a farmer in Nyabusozi in Kiruhura her cousin brother and businessman Geoffrey Kamuntu, and the State Minister for Health Margaret Muhanga.
The lawyers told the Judge that their client was innocent of the charges preferred against her.
According to Molly, before being committed to the High Court and later remanded to Luzira Women’s Prison, she had spent over two months at C-Care IHK Hospital where she received specialized treatment and underwent five major surgeries to her scalp and hands. She added that the injuries require a lot of specialized post-operative care for her recovery, which is not available in prison.
She argued that she was at all times under detention while in C-Care IHK Hospital where she was admitted for treatment on November 2nd, 2024, and couldn’t be accessed by any of her relatives and friends without permission from the Uganda Police Force.
According to Molly, she has a fixed place of abode at Mbuya I, Mbuya Hill Village, Nakawa Division, and Kampala District within the jurisdiction of the High Court.
Molly noted that investigations into the case were completed and as such, she has no capacity and shall not interfere with investigations and witnesses once released on bail. She added that she is of advanced age (55 years), has always been a law-abiding citizen, and has never been charged or convicted of any criminal offense.
Molly asked Court to release her saying that although she is gainfully employed, she is the sole breadwinner of her family and the mother of a child of tender years who is dependent on her.
However, the Prosecution led by Jonathan Muwaganya Chief State Attorney, and Samalie Wakooli opposed the application arguing that the sureties presented were not substantial since two of them were of advanced age.
Muwaganya also said that one of the sureties Kamuntu is under investigation for obstructing the police from doing their lawful duty about the investigations in the case and is being investigated under SD 14/12/12/2023.
Muwaganya said that Molly was admitted at IHK hospital under a private special arrangement for protection by officers of Special Forces Command -SFC attached to Kamuntu, and this deployment impeded and obstructed police investigations in the main case.
“If a person is capable of obstructing at the stage of investigations, the risk is even higher now that the case is set for hearing on July 2nd, 2024. My Lord I pray that hearing of the main matter should be prioritized”, said Muwaganya.
The court also heard that by the time Molly was arraigned, she had been fully discharged from the hospital and she had previously shown that she was incapable of honoring the court process, having appeared in court following a warrant of arrest by the Chief Magistrates Court.
Ruling for the bail application has been fixed for April 9th or 10th.
Prosecution states that businessman Henry Katanga was shot dead by his wife Molly on November 2nd, 2023 at their home on Chwa two Road in Kampala.
The prosecution further contends that Katanga’s daughters Patrica Kakwanzi and Martha Nkwazi destroyed valuable evidence that they would use to prove their father’s murder while the family’s shamba boy George Amanyire and a male nurse Charles Otai are charged with being accessories after the murder.
The four suspects were granted bail in February 2024 at two million shillings.
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