High Court Judge Isaac Muwata has ruled that that physical exhibits can only be tendered by the person who recovered them from the crime scene or elsewhere. This is in the case in which Molly Katanga and her two daughters Martha Nkwanzi and Patricia Kankwanzi are standing trial in which their mother is accused of murdering her husband Henry Katanga.
The ruling came after Acting Director of Forensic Services Andrew Kizimura Mubiru testified that he had carried out DNA examinations and received 23 exhibits, including biological and non-biological evidence. However, defense lawyers objected, arguing that Mubiru was not the one who recovered the exhibits and therefore could not tender them.
Justice Muwata agreed with the defense, emphasizing the importance of maintaining a clear and verifiable chain of custody. The ruling means that the physical evidence, including dresses, sticks, bedsheets, and blood swabs, can only be tendered by the person who recovered them from the scene.
The prosecution had argued that Mubiru was part of the team that handled the evidence and was therefore competent to present it. However, Justice Muwata stressed that the chain of evidence must be followed from recovery to tendering to ensure integrity.
The case has been adjourned to September 10, 2024, with the defense lawyers seeking critical documents from the prosecution to prepare for cross-examination. Molly Katanga is accused of murdering her husband, Henry Katanga, and is jointly charged with her two daughters and a shamba boy George Amanyire and Nursing officer Charles Otai.
