KATANGA TRIAL: Court admits crucial evidence pinning Katanga Step sister of coercing shamba boy Amanyire to frame Molly over murder
KAMPALA — High Court Judge Isaac Muwata has allowed the admission of crucial evidence obtained from Luzira prison’s visitors book, in a ruling delivered on Thursday, October 17.
The Judge agreed with Defense lawyers’ reasoning, allowing the key documents to be tendered as critical evidence after reports obtained from the prison visitors indicated that Ms. Noame Nyangweso, a stepsister to the Late Henry Katanga, visited Luzira prison and coerced one of the suspects, George Amanyire, to amend his testimony framing Molly Katanga for murder by shooting of her husband in exchange for freedom.
Defense lawyer Tumwebaze said: “My Lord, I want to show the witness the Kigo prison’s Visitors book. On the 19th August, we obtained a court order and wrote to the Commissioner General of Prisons, who prevailed over the OC Kigo prison to avail the visitors book to KAA.”
The document has shown that Nyangweso has on multiple occasions ferried detectives and lawyers to force Amanyire to change his statements.
State prosecutor Jonathan Muwaganya led the state’s failed objection to the admission of this visitors log evidence, alleging that the court order is not a clear document to speak to whether or not it is a court order.
Muwaganya stated: “For there to be a suit, there must be parties. My Lord, when you look at these documents that are being named a court order, we don’t know which parties litigated before which court/judicial officer. Secondly, my Lord, the court order doesn’t speak to which advocate moved Kajjansi Magistrates Court to arrive at this court. You have the name of the law firm; Kampala Associated Advocates as the Applicant. We don’t know who in KAA. All we know is that it’s a law firm with many advocates with all colours.”
He raised grounds regarding authenticity and forgery of the order by the defense team, saying: “The third issue is there is no judicial officer to whom this court order is attributed. All we have is a title for the chief magistrate. A conventional court order must indicate not only an advocate moving court but also a judicial officer before him the application is being made.” Muwaganya called the court order “a quark order”.
He also dismissed allegations that those entries meant visitation to Amanyire George. He cited Rule 25 of the Constitution (management of exhibits) (practise directions of 2022) guides this honourable court as to who might tender exhibits and as such must comply with the rules.
Defense lawyer Edison Karuhanga countered Muwaganya’s claims, reasoning that it’s proper for this court to have evidence as to who visited Amanyire while on remand at Kigo at the time when he was committed to this court for trial.
Karuhanga said: “My Lord, before you is an order of a chief magistrate court at Kajjansi. My learned friend argued that it was not a court order because it lacks certain things that he is used to seeing in court orders.”
“It’s a signed and sealed original court order of the chief magistrate court of Kajjansi of 24th August 2024 and the applicant in that case is clearly described. Section 73, 75 of the Evidence Act which deals with public documents. It has never been the law that a Chief magistrate must be brought before the High court to tender in a court order.”
Karuhanga urged that the record at Kigo prison bears the stamp and signature of the officer in charge of Kigo prisons. “The witness signed in the visitors book to visit Amanyire. My Lord, particularly on 8th August 2023,” he said.
“My learned friend says it’s only agreeable to the part where she wrote her name and yet the rest is also relevant to her evidence,” Karuhanga submitted.
Justice Muwata allowed the tendering of this evidence, forcing the prosecution to ask for a two-week recess to reorganize after most of their key witnesses faltered under heavy cross-examination.