Lawyers representing Molly Katanga and her family have expressed frustration on behalf of their clients after the Office of the Director of Public Prosecutions sought adjournment for the tenth time, denying the suspects another opportunity for bail.
The suspects, among whom include Martha Nkwanzi Katanga, a lactating mother to a one-month-old baby, who by the time of arrest, was still receiving treatment for postpartum trauma at a Kampala Hospital.
Nkwanzi joins her sister Patricia Kakwanza on the charge of destroying evidence while George Amanyire, a 30-year-old shamba boy, and Charles Otai, a health worker, are accused of accessory to murder. The trio have been held on remand for the last 3 months without bail.
Pleading their case at the criminal divisions of the High Court in Kampala on Monday, Lawyer Jet Tumwebaze said that the applicants are shocked but “not surprised” the the Prosecution’s application for an adjournment in their bail case.
“This will be the 10th time the applicants’ attempt to apply for bail has been frustrated by the DPP, we are shocked but not surprised. It has been seven (7) times before the Magistrate and three (3) times before this court,” Tumwebaze lamented.
In response, the Prosecution argued that they needed time to ascertain the sureties and the documentation attached, claiming they are also yet to be served with legal arguments, despite serving court.
“The process of hearing cannot commence when we have not responded to the applicant’s submissions, which we were not served,” the prosecution submitted.
The prosecution also claimed that some of the sureties were ineligible, which caused a counter-debate for almost an hour, with Katanga family lawyers asking the court to consider those that were eligible rather than subject the whole group to yet another adjournment
“We can give them the documents today,” submitted Lawyer Macdusman Kabega.
In an earlier submission to the Magistrates Court by lawyer Mac Dusman Kabega, he argued that the court would be doing an injustice to Nkwanzi and her one-month-old baby by remanding her.
“To remand a mother who has just given birth would not only be a great injustice to her but also to her baby. We pray that this court be pleased to release her on-court bond as provided for under Section 65 of the Magistrate’s Court Act,” he emphasised.
The Court has consequently given the applicants and their sureties up to 2nd February 2024 to clear issues regarding their documents.
Among the sureties taken by the court are, the State House Director of Manifesto Implementation, Willis Bashaasha, the husband to Martha Katanga, Zaakye Kyamanianga, businessman Herbert Kamugisha and several others.
