Court has for the second time declined to grant bail to Molly Katanga on the grounds that she is not adequately convincing.
Molly, who is accused of allegedly murdering her husband, Henry Katanga, had made a second attempt to get bail, saying she needed urgent medical attention.
She had daimed that her ailment could not be treated by Luzira Prison medical officers.
Katanga, a businessman, succumbed to a gunshot wound sustained on his head on November 2, 2023, at their residence in Mbuya, Kampala.
JUDGE’S DECISION
Justifying his decision, Justice Isaac Muwata of the Criminal Division of the High Court yesterday noted that Molly did not adduce new grounds warranting her release on bail.
“In the earlier bail application, Molly presented several medical reports stating that her condition warrants her release on bail.
After careful consideration of the medical reports, the court concluded that the applicant has failed to prove that her condition cannot be handled by the prison authorities,” the judge ruled.
Muwata observed that the medical conditions indicated in a medical report dated April 15, 2024, are the same as those presented in the earlier medical reports.
“The mere assertion that her medical condition is beyond the capacity of the prison authorities cannot constitute fresh ground. The matter was already considered in the previous application,” the judge observed.
The court ruled that the applicant did not prove grave illness and that it was in the interest of justice that the trial be expeditiously handled since the case has already been fixed for hearing.
“Even if this court retains the discretion to grant bail even in such circumstances, it is important to emphasise that in handling the issues of exceptional circumstances, the court should put into perspective all circumstances relating to the matter, such as the likelihood of delay and the ability to interfere with the witnesses,” Muwata said.
The judge said the question of exceptional circumstances cannot be considered in isolation of other factors such as the stage of the case, noting that the prosecution has already made disclosure of material evidence it seeks to rely on during trial with the details of all witnesses.
