KAMPALA, UGANDA – In a significant development in the high-profile Katanga case, the court has granted the prosecution’s application to amend the charges against Molly Katanga and her co accused— despite objections from the defense team. The ruling paved the way for the trial to proceed, with the accused persons expected to plead to the new charges.
The prosecution, led by assistant director of public prosecution Samalie Wakooli, had applied to amend the particulars of the charge and add new charges against the four suspects. However, the defense team, led by Peter Kabasi, objected to the amendment, citing Section 50(2) of the Trial on Indictment Act (TIA).
The defense argued that the new charges were not disclosed in evidence at committal and that allowing them would cause prejudice and injustice to the accused persons. They contended that the accused persons had not prepared to defend themselves against the new charges and that the amendment would be contrary to the provisions of the TIA.
In his ruling, the judge held that the court has the discretion to alter the indictment as it deems necessary for the case. He noted that the evidence was disclosed at trial, and therefore, the accused persons would not be prejudiced by the amendment. The court accordingly allowed the amendment of the charges and ordered the accused persons to plead.
The court’s decision has been met with criticism from the defense team, with lawyers for Molly Katanga arguing that allowing new charges against their client violates the law. “The court’s decision is a clear violation of our client’s rights,” said Peter Kabasi.
The court also introduced three court assessors, Sharp Mutonyi , Okongo Simon Consulate, and Tabu, to help with the case.
The accused persons confirmed that they have no problem with the assessors handling their case. The assessors will listen to the evidence and provide an opinion to the court on whether to acquit or find the accused persons guilty. However, their opinion is not binding on the court, which can decide on its own.
The prosecution announced that it is ready to proceed with two witnesses, signaling the beginning of the trial. The accused persons have been given time to prepare their defense, and the trial is expected to continue in the coming days.
