Defence lawyers have petitioned the court to grant bail to Molly Katanga, who stands accused of killing her husband, Henry Katanga, citing her medical condition, which cannot be adequately addressed in prison.
This plea comes after an initial attempt by Molly to secure bail was unsuccessful due to her medical report not being certified by medical officers of the Uganda Prisons Service, demonstrating that her illness cannot be treated while in custody.
Led by Peter Kabatsi, the defence team informed the court, presided over by Isaac Muwata, that on April 15, 2024, medical officers from the Prisons conducted an examination on Molly and determined that her ailment cannot be managed by the Uganda Prisons Service. Other defence lawyers involved in the case include MacDosman Kabega, Jet Tumwebaze, Bruce Musinguzi, and Elison Karuhanga.
According to the defense lawyers, Molly’s physical examination revealed the presence of a cystic mass in her left breast upper outer quadrant, and she was diagnosed with post-traumatic stress disorder, hypertension, vertigo, resolving tissue injury, and breast fibrocystic disease.
In an attempt to address these ailments, the lawyers stated that doctors recommended trauma-focused cognitive behavioural therapy for Molly, continuation of antihypertensive treatment and blood pressure monitoring, follow-up with an ENT surgeon for pars-nasal sinusitis and vertigo, and monitoring of her breast symptoms.
The defence team further asserted that the Uganda Prisons medical officers recommended Molly receive treatment at Mulago Hospital.
“Molly has demonstrated exceptional circumstances based on her medical report from the Uganda Prisons to warrant the grant of bail,” submitted Kabatsi.
The defence lawyers also argued that Molly would not flee from court proceedings as she has a fixed place of abode and substantial sureties.
The sureties named include John Patrick Kabayo, Geoffrey Kamuntu, Maj. Gen. Emmanuel Burundi Nyamunywanisa and Margaret Muhanga Mugisa.
The judge directed Chief State Attorney Richard Birivumbuka to file a response to Molly’s submission by May 13, and serve the defence lawyers. If a rejoinder is issued by the defense, it must be filed by May 16.
The judge is expected to deliver a ruling on the matter on May 21, 2024. Molly is accused of killing her husband, while her two daughters — Patricia Kakwanza and Martha Nkwanzi — are accused of destroying evidence. Molly’s daughters face the charge alongside George Amanyire and Charles Otai.
EVIDENCE FROM THE DIRECTOR OF PUBLIC PROSECUTIONS (DPP)
An examination of the firearm revealed that Molly’s DNA was predominant on the trigger of the pistol. The pistol was found to be in good working condition capable of firing live ammunition, and the cartridge found at the scene matched the pistol.
Swabs taken from Molly’s hands tested positive for gunpowder residue. Closed-circuit television (CCTV) footage, although tampered with, will be relied upon during the trial.
In her police statement, Molly admitted spending the night prior to the incident with Katanga at their home but claimed ignorance of the events leading to his death and her subsequent admission to the International Hospital in Kampala (IHK).
According to the indictment, Katanga had expressed fears of being killed and had taken precautions, including securing important documents in a safe and making arrangements with a lawyer.
Molly, with the assistance of a close relative, is alleged to have procured a safe to secure his important documents and had scheduled an appointment with a lawyer regarding safety matters.
Katanga had also taken measures such as changing his phone password, acquiring a new private telephone line, and reducing his movements in his personal motor vehicle.
On the morning of November 1, 2023, workers at the residence allegedly heard a commotion in the couple’s bedroom, followed by a gunshot.
Molly was later found with her husband’s bloodstains and was driven to Bugolobi Medical Centre and then IHK.
BACKGROUND
Katanga, a prominent businessman, succumbed to a gunshot wound on the left side of his head on November 2, 2023, following an alleged verbal altercation with his wife, Molly, at their residence on Mbuya Chwa II Road in Nakawa division, Kampala. Prosecution alleges that on November 2, 2023, at Mbuya Chwa II Road, Molly deliberately killed her husband.
