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UgandaVsMollyKatanga: Prosecution successfully blocks viewing photographs taken at the Katanga residence.
If you’ve followed this case long enough, you’ll know that the state previously successfully blocked the defense’s application for the court to visit the scene of the alleged crime at the Katanga residence at Chwa II road in Mbuya.
The defense had then, through Peter Kabatsi, SC, applied to have court visit and see the room in which Mr Katanga died, which they said was still as intact as it had been when police took exhibits from it.
The prosecution objected, saying the scene had likely been tampered with. They provided no proof.
Fast forward to yesterday, the defense, through Mr Jet Tumwebaze, brought their 5th witness to the stand. He is a professional photographer whose name, by order of court, should not be divulged.
He had earlier been to this court but the prosecution objected to him testifying. Yesterday, soon as the basic introductions had been done, the state, in an objection that spanned hours moved court to block viewing the pictures this witness took at the Katanga residence.
The pictures are said to depict in detail the state of the Katanga bedroom, blood splatter patterns, bullet hole up the ceiling etc, as marked by the police scene of crime officer.
Invoking the Electronic Transactions Act, the state, through Chief State Attorney Jonathan Muwaganya, said that without complete inspection of the device which took the images, the device on which the images were stored, these images wouldn’t be properly authenticated.
The defense passionately pushed back, saying Mr Muwaganya shouldn’t function as “a dam that blocks the flow of evidence to this court.”
They pointed to legal precedents in previous court cases as well as precedent in this very case where they said the state had presented photos and video evidence without being required to clear the bar they were now setting.
They said meta-data on images is a good enough footprint that can be used to authenticate images and can be used to demonstrate whether images had been tampered with or not.
Justice Kania took off a short time to consult the Court IT clerk in the courtroom IT booth, then adjourned the matter to prepare her ruling. It also served as a lunch break.
Upon resumption, Her Lordship ruled that although the evidence the defense intended to introduce passed the test of relevance, it could not, in the absence of the SSD and laptop onto which the images were downloaded, pass the authenticity test.
She said the purpose for which the images were taken dictated how stringent the test for authenticity could be.
DW5 had told Her Lordship that he had taken the images for purposes of court.
She said “the threshold for authentication in court proceedings is high. Comparison with the original is the standard.
She said that meta data was “not enough to determine the authenticity to the standard required by court”.
The defense questioned the source of the evidence the Learned Trial Judge relied upon to make that meta-data decision, saying it was false. She said she consulted court IT staff, including two that work on ECCMIS.
They also asked what “an original image” is.
They asked for her ruling so they could get instructions. She said she would provide the same.
Court subsequently discharged the witness and adjourned the matter to September 15th when the defense is expected to present their 6th witness.
Note: the matter of admission of photographic evidence from the defense seems like a touchy subject for the state. They previously objected to the Orthopedic Surgeon (DW3) sharing images of Mrs Katanga’s injuries taken before, during and after surgery. The court agreed with them and the images were never viewed.
They also tried to block viewing of similar images of her injuries that they (the prosecution) had inadvertently, it appears, put on the court record. That wasn’t as successful.
UgandaVsMollyKatanga
Yesterday, before Her Lordship Rosette Comfort Kania, we had what one can playfully call an anti-climactic moment; “Call Log-Gate”.
You might recall that in July when DW3 was last on the stand, Chief State Attorney, Mr Jonathan Muwaganya put it to him that while he said he had treated Mrs Katanga for orthopedic injuries, he had not been at IHK at the time he said he had operated on her.
The Senior Consultant Orthopedic Surgeon insisted he was at IHK.
Mr Muwaganya stuck to his guns and confronted him with what he called call logs from 2nd Nov 2023, which he said showed the Doctor wasn’t at IHK.
He informed Her Lordship that the state had secured a court order, served it on @mtnug and secured DW3’s KYCs as well as the call logs.
He read DW3 an entry at around 10am whose cell tower had been Nakasero B and put it to him that at that time, the Doctor was in Nakasero.
The defense called the document “meaningless, incomplete, unclear and easily doctored” and said the court needed a competent witness to help it understand these logs. They said such a witness wasn’t Mr Muwaganya and neither was it their witness to whom the state intended to put the questions.
They questioned the court order used to secure the impugned call logs, why they were not party to the application, why the state didn’t disclose this information upon receipt and also wondered why the state was only revealing information for one day and not the entire stretch between 15th Oct- mid November 2023.
The state response was to the effect that they were only interested in the fateful day when Mr Katanga lost his life and when Mrs Katanga was rushed to hospital for urgent medical care.
Justice Kania ruled for the state and allowed them to put the questions to the witness. She said if the defense had any qualms with it, they’d bring those up during re-exam.
She also advised the defense to go authenticate the document. It’s on that note that court ended then. (See frame 1)
Then yesterday, the state brings to court a bigger document that they say they extracted the pages that they’d sought to use the previous session.
The defense, that stopped short of calling the documents forged, asked why the documents don’t tally and why they’re different from the usual call log format.
JM: My Lord what happens is once….once, my Lord, the information in the telecom is beyond three years, that information is provided as…it’s not synchronized. It’s provided not in chronological order”
Justice Kania to Mr Karuhanga: No, let him clarify, I want to understand
EK: But my Lord we don’t know if he’s telling the truth. He’s not under oath.
Judge: Mr Karuhanga, court gave the defense an opportunity to go and look into this document so that it could help court. So I need to be able to make a decision and I have nothing to rely on so Mr Muwaganya, explain.
JM: My Lord what happens is that once that information is provided, what we have been told, that the law in Uganda requires storage of that data for only three years. Now after three years, the information on the servers is sent back to the mother company in South Africa and so if you must retrieve that information after three years, then that information is given to you in raw form. (He raises the document as if to illustrate the form the state got it)
Justice Kania: And that is the raw form
JM: And this is the raw form, my Lord. This constitutes the raw form of the information. Now, my Lord, if you want to know what happened when, then you must traverse the specific data, my Lord. (Cont’d—-See frame 2)
In rejoinder, the defense reminded court that 3 years hadn’t passed since the incident at issue. They said, among others, that Mr Muwaganya was peddling falsehoods that should not go unchallenged…
The Judge ruled for the state but inexplicably, the state abandoned the whole thing.
It later emerged in re-exam that the medical file on court record had an entry that showed DW3 at IHK
Court resumes 9:30
Happy Birthday, Senior @elisonk .
May this new year of your life be marked by continued wisdom, good health, and the same principled courage you bring to the law. Thank you for the work you do in service of justice, for the conversations you start, and for the example you set for the Bar.
May you live long, serve well, and keep raising the standard.
it’s actually the babiito who played real chess. the checkers of qm have not worked at all.
her wish was to follow the will which was shredded on arrival to clear way for king edward. a chatgpt statement form the qm won’t demonize the babiito and batoro in general.
If this is the usual class with which QM has historically handled disagreements with those Babiito Royals, then these people will struggle to sanitize their image.
She’s played 5-D chess while they played checkers.
King Oyo became king when Tooro had no palace Karuzika was matongo
Baby oyo will by the king outside palace
Imagine a young man will serve the people of tooro through King Oyo memorial foundation than the old man with animal skins around him just
This woman is QUEEN
Best is unanimously a smart woman.
Oyo had a smart mother and Oyo's father married right and that has been exonerated after their deaths.
No one has smartly, and diplomatically challenged the Beetles like the Queen mother.
TEACHER PLEADS GUILTY TO CAUSING FINANCIAL LOSS AND IMPERSONATION, ORDERED TO REFUND UGX 31.6 MILLION
A teacher, Mr. Samuel Kangavve, has been ordered by the Anti-Corruption Court to refund UGX 31,663,435 after pleading guilty to causing financial loss and impersonation.
Mr. Kangavve appeared before the Court on 11th September 2026 in Uganda v Kangavve Samuel, HCT-00-AC-CO-0107-2026 and pleaded guilty to both charges. He was convicted on his own plea of guilty.
The Court fined him UGX. 3,300,000 or two years’ imprisonment in default for causing financial loss, and UGX. 1,000,000 or one year’s imprisonment in default for personation. He was also barred from holding public office for 10 years and ordered to refund the full amount of the financial loss caused to Government.
The case followed an investigation by the Inspectorate of Government which established that Mr. Kangavve committed impersonation by using the identity and employment documents of his brother, Mutyaba Eria Paulo, who had been offered a Government teaching position but did not take it up. Mr. Kangavve took up the position under his brother’s name while also working and receiving a Government salary under his own name.
The Inspectorate of Government was represented by Mr. William Ntumwa, Principal Inspectorate Officer, Mr. Jason Arinda and Ms. Milly Namuwanga, both Inspectorate Officers.
How many more have to die before we take known steps to STOP road crashes‼️
Who will STOP this MADNESS to make our roads SAFE for all USERS?
#SafeRoadsSaveLives