Katanga trial: Molly did not call other suspects' numbers — Forensic expert

KAMPALA - The hearing of the case against Molly Katanga, who is accused of murdering her husband, businessman Henry Katanga, continued on Tuesday, March 11, at the High Court in Kampala. 

During the session, Assistant Inspector of Police and digital forensic examiner Enock Kanene testified on the call data extracted from the phones of the accused persons and that of the late Katanga, as well as the network video recorder for the Closed-Circuit Television (CCTV) footage. 

The state is being represented by Assistant Director of Public Prosecutions Samali Wakooli, together with Chief State Attorneys; Jonathan Muwaganya and Anna Kiiza. 

The defence lawyers are; Peter Kabatsi, Elison Karuhanga, MacDosman Kabega, Jet Tumwebaze and Bruce Musinguzi. Molly is facing trial together with her daughters; Patricia Kakwanza and Martha Nkwanzi, as well as George Amanyire, a domestic worker, and Charles Otai, a nursing officer, who are accused of destroying evidence and being accessories to the murder. 

Katanga succumbed to a gunshot wound he sustained on his head on November 2, 2023, at their residence along Chwa II Road in Mbuya, Kampala. 

The case is before Justice Rosette Comfort Kania of the Criminal Division of the High Court. During the trial, Kakwanza, Nkwanzi, Amanyire and Otai physically appeared in court while Molly followed the proceedings via audio video link from Luzira Prisons. 

Michael Odeng, Edward Anyoli and Barbra Kabahumuza bring you what transpired in court.

Muwaganya: We are still on the communication between Kakwanza and Ayebare.

Kanene: My lord, the next call from Kakwanza to Ayebare was made at 07:19am, it lasted for 21 seconds and it shows Kakwanza was at Kireka and Ayebare was at Mbuya hill. 

Muwaganya: Again, for the record, when you say Kakwanza was at Kireka and Ayebare was at Mbuya hill, what does that technically mean in terms of location for call data? 

Kanene: Kakwanza was in motion and Ayebare was in Mbuya hill. The next call my lord, between Ayebare and Kakwanza was made at 07:20am and it lasted for 13 seconds. It was an outgoing call from Ayebare to Kakwanza, where Ayebare was still at Mbuya hill and Kakwanza had also drawn closer to the same radius and she was also at Mbuya hill. 

Muwaganya: You may now deal with the communication between Nkwanzi and Kakwanza on November 2, 2023. 

Kanene: My lord, the communication between Nkwanzi and Kakwanza started immediately after Nkwanzi had received a call from Ayebare that came in at 07:13am. Immediately after this call, Nkwanzi called Kakwanza at 07:14am; the call lasted for 17 seconds. 

Muwaganya: Location? 

Kanene: Nkwanzi was calling from Kinawataka and Kakwanza was at Mbuya Ismail Road, this explains that after Nkwanzi received the call, she moved from Mutungo zone to Kinawataka. The next call between Nkwanzi and Kakwanza was at 07:16am and it lasted for 12 seconds, where Kakwanza was at Mutungo zone 3 and Nkwanzi had reached where Kakwanza was. 

Muwaganya: Proceed. 

Kanene: The next call, my lord, between Kakwanza and Nkwanzi was made at 07:37am, it lasted for 74 seconds where Kakwanza was at Bugolobi market and Nkwanzi was at Mbuya hill. My lord, there is another call from Kakwanza to Nkwanzi, which lasted for 33 seconds, where Kakwanza was at Bugolobi market and Nkwanzi was still at Mbuya. 

Muwaganya: Yes. 

Kanene: My lord, there are several calls that came in between Nkwanzi and Kakwanza, it was calls between 07:13am to 07:20am. 

Muwaganya: Let’s proceed. 

Kanene: My lord, when Ayebare first called Nkwanzi, she moved to where Kakwanza was, then later, the two moved towards where Ayebare was at Mbuya hill. While moving, Kakwanza also made some calls to Ayebare at 07:16am and 07:19am. 

Muwaganya: Okay, let’s proceed. 

Kanene: My lord, right back to the call data report, I also discovered that telephone number 0776514444, registered in the name of Molly Katanga. By the time of the calls, the number was inserted in a handset with IMEI (International Mobile Equipment Identity) 356703858009530. 

Muwaganya: And for the record, was that particular handset submitted to you for analysis? 

Kanene: No. My lord, this number for Molly Katanga on November 2, 2023, did not make any call to any of the numbers requested in this analysis.

Muwaganya: Before you leave that page, when you were writing the date is section B, you indicated February 2, 2023. 

Kanene: My lord, this is a typographical error; it is supposed to be November 2, 2023. 

Muwaganya: Let’s proceed. 

Kanene: However, it (Molly’s number) was active on telecom networks and several activities like calls and SMS’ (short messages) were captured. My lord, Molly Katanga did not call any of the numbers requested [for analysis]. However, calls were made which were registered as missed calls and SMS was received on this handset while in different locations. 

Muwaganya: Yes. 

Kanene: On November 2, 2023, it was also established that by 8:29am, Molly Katanga’s number was already in a location named Kiwuliriza. 

Muwaganya: Did it carry out any activity while at that location? 

Kanene: Yes, my lord, there were several SMS’ that came in from Stanbic Bank. 

Muwaganya: What activity was there between Molly and Ruth Namara? 

Kanene: It was an outgoing voice call from telephone number +256782045734, registered in the name of Namara, where Namara was at the location of Bugolobi market and Molly was at Kiwuliriza. This call lasted for 29 seconds, my lord. 

Muwaganya: Let’s now go to page 44. 

Kanene: My lord, exhibit B is 0783372637, registered in the name of Patricia Kakwanza. It was on the network of calls using a mobile phone of IMEI 35205169026509. It severally communicated with mobile subscribers 0788168415 for Nkwanzi, 0778846717 for Ayebare and 07762450897 for Charles Otai. 

Muwaganya: We have already traversed these calls, so other than the calls that are reflected on your report, what other activity was carried out on Kakwanza’s phone on November 2, 2023? 

Kanene: My lord, on November 2, 2023, there was an incoming SMS that originated from UMEME at 08:26am. 

Muwaganya: Were you in position to ascertain the manner of communication between Kakwanza and UMEME?

Kanene: No, my lord. 

Muwaganya: Okay, let’s proceed if you may interpret. 

Kanene: My lord, all the calls that I was reading before are on this page. (witness shows the judge the page that indicates communication between Ayebare and Kakwanza, starting from 07:16am showing that they were in the same location). 

Muwaganya: Next. 

Kanene: My lord, exhibit C is 0788148415, registered in the name of Nkwanzi, on November 2, 2023. It was being used with a handset with IMEI 35302794842766, which was never submitted for analysis.

Muwaganya: And what does that chart represent on page 46? 

Kanene: This is a communication pattern of Nkwanzi, Kakwanza and Otai. 

Muwaganya: So, let’s now deal with the CDR (Call Detail Record) for Otai. 

Kanene: My lord, it is an exhibit marked D, which is 0762450897, registered in the name of Otai. It was being used in a handset with IMEI 35191885217328. These were calls that Otai made to Kakwanza on November 2, 2023, at 7:52am while at Bugolobi market. Later, they were seen in the same location at Mbuya hill. 

Muwaganya: Okay. 

Kanene: Then, my lord, there is another call that I established that came from Otai, he called number 0772089956. 

Muwaganya: Whose number was that? 

Kanene: The number was registered in the name of Peter Ogwang (Ogwang is a police officer attached to Bugolobi police station). 

Muwaganya: My lord, Ogwang appeared in court as prosecution witness three. Take court through the details of the calls between Otai and Ogwang. 

Kanene: I came up with this number because Otai initiated a call at 9:40am on November 2, 2023. 

Muwaganya: And where was Otai when he called Ogwang? 

Kanene: Otai was at Mbuya hill and Ogwang was at Bugolobi market. 

Muwaganya: Yes? 

Kanene: Later, I realised that Ogwang moved from Bugolobi market to Mbuya hill.