By Spy Uganda Investigations Desk
Kampala: The trial of jailbird Molly Katanga and her two daughters, Patricia and Kakwanza, accused of the murder of prominent businessman Henry Katanga, resumed Thursday in the High Court at Kampala. The courtroom was tense as Assistant Inspector of Police (AIP) Enock Kanene, a digital forensic examiner with the Uganda Police Force, faced rigorous cross-examination by the defense legal team, who systematically dismantled his testimony regarding the purported digital and video evidence.
On Wednesday, AIP Kanene had presented himself as a pivotal prosecution witness, tendering into evidence data allegedly extracted from mobile devices and CCTV footage recovered from the Katanga residence. However, the veneer of credibility that Kanene sought to establish crumbled under the weight of detailed and pointed cross-examination led by defense counsel Elison Karuhanga of KAA Advocates and senior defense lawyer Macdusman Kabega, Peter Kabatsi and Jet Mwebaze.
Defense Counsel Tears Apart Forensic Evidence Testimony
Counsel Elison Karuhanga methodically interrogated AIP Kanene on the chain of custody and procedural legality of the digital extractions he carried out. Pressing Kanene to strict proof, Karuhanga demanded clarification on whether the extractions of phone records and CCTV video footage were conducted before or after securing the requisite court orders. Kanene conceded that the extractions were performed prior to receiving judicial authorization—an admission that raises serious questions about the admissibility of the evidence, potentially rendering it nugatory under the exclusionary rule for illegally obtained evidence.
Karuhanga then zeroed in on the discrepancies in the metadata associated with the CCTV footage. He pointed out conflicting timelines between when the footage was purportedly extracted and when it was formally logged as evidence. “Mr. Kanene, is it not true that these inconsistencies indicate potential tampering or fabrication?” Karuhanga asked pointedly. Kanene, visibly flustered, resorted to sipping water from his big flask, which he had carried along with him as his biggest companion in such hard times, seemingly buying time as he grappled for a cogent response.
The defense didn’t stop there. Turning to the content of Kanene’s video presentation—where he showcased images of blood spatters on walls, floors, and even the bathroom—the defense team delivered another critical blow. Counsel Karuhanga cited forensic DNA analysis reports that conclusively identified the blood as belonging not to the deceased Henry Katanga, but to Molly Katanga herself. “Mr. Kanene, can you confirm to this Honourable Court that the blood you depicted in your video was that of Molly Katanga and not Henry Katanga?” Karuhanga queried. Kanene, under oath and with no room to maneuver, affirmed the defense’s position.
Karuhanga pressed on with a rhetorical flourish: “According to you, did Molly Katanga lose that blood as a result of her being served ice cream?” eliciting murmurs across the packed courtroom. Kanene answered in the negative, bolstering the defense narrative that Molly Katanga was, in fact, a victim of domestic violence on the day in question.
Further cross-examination sought to discredit the relevance of phone call logs that Kanene had presented to the court. Karuhanga pointed out that communication between family members—specifically between Molly, her daughters, and their shamba boy Amanyire—was not suspicious, but rather a function of ordinary familial interaction. “By presenting their call logs in court as incriminating, what exactly are you insinuating?” Karuhanga asked rhetorically. Kanene had no substantive reply.
The Controversial Call Data Records Chart Raises Eyebrows
Adding to Kanene’s difficulties was a chart he personally created and tendered as evidence during Wednesday’s proceedings. The chart, purporting to illustrate detailed communication links between Molly Katanga, her daughters, and other parties on November 2, 2023, was central to the defense’s criticism of his methods.
The diagram depicted call interactions, including times, durations, and call directions between various phone numbers, notably those belonging to Molly Katanga (776914444), Martha Nkwanzi Katanga (788148415), Kakwanzi Patricia (783371637), George Amanyire (704348813), Charles Otai (762A50897), Denise Nayebare (778846713), and Henry Katanga himself (701942123). The calls were shown to have taken place between 07:00 AM and later hours on the day of the alleged murder.
For instance, Molly Katanga was shown as making calls at Kinawataka and Kalolo Airstrip, and Martha Nkwanzi had extensive call activity, including calls to multiple numbers in Muyenga, Buziga, and Entebbe areas. Patricia Katanga also communicated with George Amanyire and Charles Otai. The defense argued that these call logs reflected routine family and work-related communication, rather than evidence of criminal conspiracy.
However, Counsel Karuhanga sharply criticized Kanene’s call data chart, asserting it was not an authentic document from any telecommunications service provider but rather a subjective creation by Kanene himself. Karuhanga insisted that Kanene’s compilation of data without verification or certified records from the telecom companies was procedurally flawed and possibly ultra vires, violating the established rules on electronic evidence admissibility under the Uganda Electronic Transactions Act.
“Where is the authentication from MTN or Airtel? Who signed off on these records? Or are these your own imaginative inferences, Mr. Kanene?” Karuhanga demanded. Kanene was unable to point to any official telecom documentation accompanying the chart, further undermining his credibility.
Kabega Amplifies the Pressure
After the lunch adjournment, senior defense counsel Macdusman Kabega took over, sustaining the pressure on Kanene. Although Kabega’s cross-examination was frequently interrupted by objections from the prosecution, who alleged a lack of specificity and direction in his line of questioning. Despite this, Kabega persisted, probing into the forensic methodologies Kanene employed, particularly questioning whether standard operating procedures and best practices in digital forensics had been adhered to. Kanene’s responses were halting, occasionally contradictory, further eroding the credibility of the prosecution’s digital evidence.
By the time court adjourned at 6pm to next Thursday, March 20th, it was clear that AIP Kanene had endured a bruising day on the stand, with the defense exploiting every legal aperture to undermine the probative value of his testimony.
Background of the Matter
Molly Katanga, along with her daughters Patricia and Nkwanzi, stands charged with the murder of her husband, Henry Katanga, a prominent businessman, on November 2, 2023. The prosecution alleges a deliberate act of homicide within the Katanga home. However, the defense maintains that Molly Katanga was herself a victim of domestic abuse and that the fatal events of that day may not constitute murder but rather an incident of self-defense or an unfortunate accident.
The case has attracted nationwide attention, not only because of the high-profile nature of the Katanga family but also due to the forensic complexities and procedural controversies that continue to unfold in court. Watch the space….
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