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UG Standard - Latest News

KATANGA TRIAL: Defense team accuses key witness Naome Nyagweso of lying under oath

by MANFRED TUMUSIIME | UG STANDARD REPORTER
08/10/2024
in COURT, News
Reading Time: 9 mins read
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Molly Katanga appears in court via video link, facing murder charges alongside her daughters and co-accused
Molly Katanga appears in court via video link, facing murder charges alongside her daughters and co-accused

KAMPALA, UGANDA – The defense team in the Henry Katanga murder trial has accused key witness Naome Nyagweso of being a habitual liar under oath. During a heavy cross-examination on Tuesday afternoon, Ms. Nyagweso, who claims to be Katanga’s half-sister, testified that she recorded her statements to the police with “pain and hatred,” seeking justice for her brother’s death.

Defense lawyer Jet Tumwebaze pointed out inconsistencies in Nyagweso’s statements. “Naome, I want to put it to you that your statement was recorded in the Banana bar over a drink,” Tumwebaze said. Nyagweso agreed but insisted she wasn’t celebrating anything to drink.

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Tumwebaze highlighted that Nyagweso’s statement was recorded at Banana Bar & Bistro at 9 p.m., raising questions about the circumstances. He also accused Nyagweso of fabricating evidence—seeking to blame Ms. Katanga over her brother’s death. “You therefore knew that your statement would be used as evidence against the suspects,” Tumwebaze said, adding: “You recorded these statements because you wanted justice.”

“Yes, my lord,” she replied.

Tumwebaze also questioned Nyagweso’s claim that she met Henry Katanga on a Monday after Patricia’s wedding. Nyagweso confirmed the meeting but struggled to provide details.

The defense team accused Nyagweso of trying to grab her late half-brother’s properties. “Let me read another statement of November 2, 2023, to you. We were born to the family of the late Arthur Katanga and Mary Katanga; that the deceased was the 6th born,” Tumwebaze said—questioning Nyagweso’s contradictory statements about her father.

Nyagweso initially stated her father was Arthur Katanga but later claimed he was Edwin Katanga. “Would I be right that you always invoke the Katanga name to get part of their wealth. Isn’t that when you presented to the police as Katanga, the sole purpose was to inherit your stepbrother’s inheritance?,” asked Tumwebaze.

“My lord, never; I have enough,” said Nyangweso denying accusations that she’s up to grab late Katanga’s property.

The defense team brought up a land dispute between late Prince John Barigye and Edwin Katanga. Tumwebaze handed Nyagweso a judgment of the land case, but she refused to read it.

She asked if she testified in that case as a daughter of Arthur Edwin Katanga. She said testified, but she was not his daughter.

“I put it to you that you lied under oath in that land case. And you are lying again now,” said Tumwebaze.

Justice Isaac Muwata warned Nyangweso against lying under oath before adjourning the case to October 15, 2024.

Molly Katanga is jointly accused with her two daughters, Kankwanzi and Nkwanzi, who face charges of tampering with the murder scene to conceal valuable evidence.

The family’s shamba boy, George Amanyire, and a nursing officer, Charles Otai, have also been charged as accessories after the fact of murder. The crime allegedly took place on November 2, 2023, in Mbuya, Chwa II, Nakawa Division, Kampala, where Molly is accused of fatally shooting her husband, Henry Katanga.

The defense team comprises lawyers Elison Karuhanga, Macdusman Kabega, Bruce Musinguzi, John Jet Tumwebaze, and Peter Kabatsi, representing all the accused.

The state is represented by assistant DPP Samalie Wakooli, chief state attorneys Jonathan Muwaganya, and Annah Kiiza.

Read the full transcript of the dramatic proceedings below:

At 10:36 a.m., Presiding Judge Isaac Muwata walks into the courtroom. The court clerk calls for the Henry Katanga murder file.

Assistant DPP Samali Wakooli’s Opening Statement: My lord, the assessors are in court, and the accused are all present, with A1 appearing via Zoom. The prosecution is represented by myself, Mr. Muwaganya, and Ms. Anna. On watching brief, we have Mr. Rukutana and Ms. Irene Muhumuza. The accused persons are jointly represented by counsel Peter Kabatsi, Macdosman Kabega, Jet Tumwebaze, Elison Karuhanga, and Hanat Nabagala.

Judge: Are you ready to proceed?

Peter Kabatsi: My lord, we are ready to proceed despite not receiving the documents. We are ready to proceed without them. Mr. Jet Tumwebaze will start, and then my learned friend Macdosman Kabega will follow.

Assistant DPP Samali Wakooli’s Observation: My lord, we have a different interpreter.”

Judge: What are your names, are you a clerk?”

Interpreter’s Oath

The Ruyankole interpreter takes the oath.

Jet Tumwebaze: For the record, I am Jet Tumwebaze.

Peter Kabatsi: My lord, we need the witness in the witness box. If she sits there, she is too close to the prosecution.

Judge’s: She is short; we won’t see her while there.

Arranging the Witness Stand

They look for a raised chair and put it in the witness dock.

Cross-Examination of witness Naome Nyagweso

Tumwebaze: Ms. Nyagweso, it was your evidence that you recorded three statements before the police. Is that correct?

Witness: Yes

Tumwebaze: And you recorded all three statements in English?

Witness: I recorded it in Ruyankole, but translated into English.

Tumwebaze: Do we have those Ruyankole statements in court?

Witness: I was saying in Ruyankole, and they were recording in English.

Tumwebaze: I put it to you that, in fact, there was no translation from Ruyankole to English; all the statements were in English.

Witness: It’s true; it was recorded in English. All three statements.

Tumwebaze: It’s therefore fair to say you know and speak English.

Witness: I hear English but can’t explain in court.

Tumwebaze: Let me repeat; you know and speak it.

Witness: I know it, but can’t speak it here.

Tumwebaze: It’s also fair to say you can read and write in English.

Witness: I don’t know how to answer.

Tumwebaze: As an LC1 chairperson of Bugolobi, you are always writing letters in English.

Witness: I write them in Luganda and Ruyankole.

Tumwebaze: Have you ever written any of those in English?

Witness: I have ever written one, but not for court.

Judge’s Clarification

Has she written only one or many?

Witness: I have written many, but LC things are not like those of court.

Tumwebaze: So, it’s intended that the choice of using Ruyankole is to slow down the cross-examination

Jonathan Muwaganya’s Objection: The Constitution gives liberty for a witness to use any choice of language

Judge: Please proceed with relevant questions.

Tumwebaze: Now that you have written many letters in English, why use Ruyankole?

Witness: I’m more comfortable with Ruyankole.

Presentation of Police Statements

She is handed the police statements.

Tumwebaze: My lord, I pray that I tender in the statement.

Judge: Let’s continue.

Tumwebaze: When you look at that statement, you can see that it was recorded at 9 p.m.

Witness: Yes, my lord.

Tumwebaze: When you look at that statement, on the last page, is it translated from Ruyankole to English?

Witness: The statement was translated from Ruyankole to English.

Tumwebaze: Do you see any name of a Ruyankole person on that page?

Witness: That one, I cannot explain.

Tumwebaze: Let’s turn to the second statement recorded on November 15th, 2023.

Witness: Yes.

Tumwebaze: Does each page bear your signature?

Witness: Yes

Tumwebaze: I pray that the statement of November 15th of Naome Nyagweso be exhibited as defense exhibit.

Wakooli: My lord, we have no objection.

Tumwebaze: My lord, I pray that you give her that statement. You recorded that statement at a place called Banana, is that correct?

Witness: Yes, my lord.

Tumwebaze: Just confirm that place called Banana is neither a police station nor your home.

Witness: Yes, my lord; it’s not my home.

Judge: Is it a police station?

Witness: It’s not a police station.

Tumwebaze: In your testimony in chief, you said Banana is a restaurant. If I showed you the picture, would you recognize it?

Witness: Yes

Tumwebaze: Read what is written on that picture.

Witness: Banana, Bar & Bistro.

Tumwebaze: Ms. Nyagweso, it’s fair to say that this statement was recorded in a bar at 9 p.m.

Witness: What does Bistro mean? Bistro, I know it as a restaurant.

Tumwebaze: Okay, in a bar and restaurant?

Witness: My lord, in a restaurant, yes.

Tumwebaze: Naome, I want to put it to you that your statement was recorded in Banana bar over a drink.

Witness: I wasn’t celebrating anything to drink. It was recorded in a restaurant.

Tumwebaze: Let’s go to your last and third statement recorded on January 8th.

Witness: Yes

Tumwebaze: It was recorded by Detective Assistant Superintendent of Police Okello Francis.

Witness: Yes

Tumwebaze: Confirm that, unlike the other two statements, this one was recorded at Jinja Road police station.

Witness: Yes, my lord.

Tumwebaze: My lord, I pray that this statement recorded by Ms. Nyagweso be tendered in.

Judge: Any objection?

Wakooli: “No objection.

Tumwebaze: You told the court your names were Naome Nyagweso.

Witness: Yes

Tumwebaze: When we read these statements together, I’m right to say that you are the complainant.

Witness: I’m not.

Tumwebaze: Read for us that statement of January 8th.

Witness: It shows she is the complainant the way it was recorded.

Tumwebaze: By the time you recorded your statement on November 15th, A4 and A5 were already in detention, correct?

Witness: Yes, my lord.

Tumwebaze: And by the time you recorded your statement on January 8th, 2024, A2 to A5 were already remand prisoners in Luzira.

Witness: Yes.

Tumwebaze: In fact, all the accused persons, including A1, were already charged.

Witness: Yes, my lord.

Tumwebaze: You therefore knew that your statement would be used as evidence against the suspects.

Witness: I didn’t know, and even if they are used, no problem.

Tumwebaze: You recorded these statements because you wanted justice.

Witness: Yes, my lord.

Tumwebaze: As LC1, you know that statements help police to prosecute a case.

Witness: Yes, my lord.

Tumwebaze: And you recorded these statements when the events of what happened were still fresh in your mind.

Witness: What does fresh mean? (laughter in court)

Tumwebaze: Still remembering things as they had unfolded.

Tumwebaze: Should I state that you made additional statements on November 15th to include what you had forgotten? In fact, even the one on January 8, 2024.

Witness: Every statement.

Witness: There was no freshness, but pain.

Tumwebaze: In your statement of November 2, you stated that you met Henry Katanga on a Monday after Patricia’s wedding. Is that true?

Witness: I’m not claiming; I met him.

Tumwebaze: And the wedding happened on October 28th, is that correct?

Witness: We met many times.

Tumwebaze: We are talking about a wedding.

Witness: The wedding was on October 28.

Tumwebaze: So the Monday you claimed to have met him was on Monday, 30th.

Witness: We met, but I can’t remember very well. I can even show the phone call log.

Tumwebaze: You also claimed that when you entered Katanga’s office, he closed the office and among other things, he told you that A1 wanted to kill him. Is that so?

Witness: Yes, my lord.

Tumwebaze: At no point in your statement of November 2, did you say A1 wanted to kill him.

Witness: My lord, I stated, and I said she is very dangerous.

Judge: Does your statement say that you said Katanga said she wants to kill him?

Witness: I said he had said she was dangerous.

Tumwebaze: Infact, you state that Molly warned you and is very dangerous.

Witness: Yes.

Tumwebaze: Look at your 15th November statement; nowhere do you state that Molly Katanga wants to kill Katanga.

Witness: The statement was for safety, and nothing about killing.

Tumwebaze: In fact, look at your last statement of January 8, 2024; there is no mention of saying that Molly Katanga wants to kill Katanga.

Witness: My lord, I included it.

Tumwebaze: Reads the additional statement of January 8, 2024. Do you hear anything saying Katanga said A1 wanted to kill him?

Witness: No, my lord.

Tumwebaze: I put it to you that you had ample time, two moments actually, to include that statement claiming your brother told you that A1 wanted to kill your brother, the deceased, and you didn’t.

Witness: The word ‘dangerous’ refers to everything, including killing. We shall look for the word ‘killing’.

Tumwebaze: I want to put to you that the word ‘killing’ was a malicious afterthought. You came to think of it later.

Witness: That thought of killing him, I didn’t record it, but he told.

Judge: These are serious words; each has a meaning.

Tumwebaze: Infact, that word is a concoction of your hatred.

Witness: That is what my brother told me, that he was dangerous and wants to kill him.

Tumwebaze: You told the court that your father is Mutindi Zabroni; so any document that names another person is false.

Witness: I don’t know that one, my lord.

Tumwebaze: Any document that names another person as your father would be false?

Witness: Silence.

Tumwebaze: I think my lord, let’s record that the witness kept quiet and we move on.

Judge: No, let’s allow her respond.

After some time, the judge records that she has not answered.

Tumwebaze: Let me read another statement of November 2, 2023, to you. We were born to the family of the late Arthur Katanga and Mary Katanga; that the deceased was the 6th born. The January 8th statement also reads another father, Edwin Katanga. Were these statements false?

Witness: My lord, you are right; he was my follower.

Tumwebaze: We are asking about your biological father.

Witness: I’m talking about my brother because I’m here because of my brother and father.

Tumwebaze: So the reference by these two statements, your father is Arthur Katanga; are they false?

Witness: He was a cousin to my father.

Tumwebaze: The question was about whether the two statements were false or not, not about the relationship.

Tumwebaze: Would I be right that you always invoke the Katanga name to get part of their wealth? (boos in court)

Witness: Never, God is my witness.

Tumwebaze: Isn’t that when you presented to police as Katanga, the sole purpose was to inherit your stepbrother’s inheritance?

Witness: My lord, never; I have enough.

Tumwebaze: Naome, are you aware of a land dispute between late Prince John Barigye and Edwin Katanga?

Witness: Yes.

Tumwebaze: You gave evidence in that case.

Witness: True.

Tumwebaze: In that case, you stated that you are a daughter of Arthur Katanga.

Witness: Not true.

Tumwebaze: Hands her a judgement of a land case.

Witness: My lord, I know the judgment; I will not read. We are on Henry and not a land case; I won’t read anything. (raises her voice)

Muwaganya: We want to object to that line of cross-examination.

Tumwebaze: Did you testify as a daughter of Arthur Edwin Katanga?

Tumwebaze: Did you testify as a daughter of Arthur Edwin Katanga?

Witness: I testified, but I’m not his daughter.

Judge: Let’s clarify. You testified in a land case involving Prince John Barigye and Edwin Katanga.

Witness: Yes, my lord.

Judge: And you stated you were Arthur Edwin Katanga’s daughter.

Witness: No, my lord.

Tumwebaze: I put it to you that you lied under oath in that land case.

Witness: No, my lord.

Tumwebaze: And you are lying again now.

Witness: No, my lord.

Judge: That’s enough for now.

 

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Tags: Charles Otaicourt proceedingsCrimeCross-Examinationdefense teamDefense Team Accuses Naome Nyagweso of Lying Under OathGeorge AmanyireHenry KatangajusticeKampala High CourtLawMolly Katangamurder trialNaome NyagwesoProsecutionUgandawitness credibility

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