The High Court has adjourned the case against Molly Katanga, widow of slain businessman Henry Katanga, until July 3rd, when the judge will rule on a prosecution request to amend the indictment.
The prosecution seeks to add new charges and suspects to the indictment, but defense lawyers argue that this would be unjust and prejudicial, as the accused persons were not committed to the High Court for trial on those charges.
The defense team, comprising Kabasi Peter, Jet Tumwebaze, Kabega MacDusman, Elison Karuhanga, Bruce Musinguzi, Zuraic Kasanjja, and Annat Nabaggala, cited the case of Byansi, which established that no amendment is permitted if it would be prejudicial to the accused. They argued that the prosecution’s request would effectively smuggle new charges into the indictment, which would be unfair to the accused.
The prosecution, led by Wakoli, relied on Section 50(2) of the Trial on Indictments Act (TIA), which allows the court to order alterations to an indictment if it is defective. They argued that the merits of the case require the amendment and that no injustice would be occasioned, as the trial has not yet started.
The judge adjourned the case until July 3rd, when he will deliver his ruling on the prosecution’s request. The court also allowed Molly Katanga to attend the trial via Zoom due to her medical condition.
