Accusations of intentional delay and frustration have marred the bail hearing in the murder case of Kampala businessman Henry Katanga, as the defense claims the Director of Public Prosecutions (DPP) office has purposefully obstructed the proceedings ten times in a row.
The defense lawyer, John Jet Tumwebaze, raised these concerns before Justice Isaac Muwata of the High Court during yet another unsuccessful bail hearing. Tumwebaze alleged that the DPP’s office deliberately thwarted the bail process seven times at the Magistrates Court level and at least three times at the High Court.
“If this application is not allowed, it will be the tenth time the DPP has frustrated this bail application. This is clearly in bad faith, aimed at keeping the accused persons in jail,” asserted Tumwebaze in a visibly agitated submission on Monday.
Another defense lawyer, MacDusman Kabega, contended that the bail application presented to the DPP on January 17 is identical, rendering unnecessary adjournments. The frustration intensified as Assistant DPP Samali Wakoli sought an adjournment, citing unreadable content in the bail application documents.
“This application was fixed for a Monday hearing. However, as the respondents (DPP), we were unable to file a response based on the poor quality of the documents that were served to us,” explained Wakoli, adding that verification under Rule 5 is mandatory.
Jonathan Muwaganya from the DPP’s office emphasized that seeking an adjournment for document verification is not in bad faith and is a fair practice. The defense counsel countered, alleging intentional delay tactics by the prosecution.
The murder case revolves around the death of Henry Katanga on November 2, with his wife Molly Katanga charged with killing him during an alleged fight at their matrimonial home in Mbuya, near Kampala.
The widow faces charges alongside her two daughters, who are accused of destroying evidence. Two additional suspects, medic Charles Otai and domestic worker George Amanyire, face a lesser charge of being accessories after the fact of murder.
While Molly has not applied for bail, her four co-accused have. The hearing is set to resume on February 12 due to the judges’ participation in the annual judges’ conference, leading to a temporary suspension of proceedings.
