Why Molly Katanga’s lawyers want to remove the DPP’s assistant from the case

Lawyers representing Molly Katanga on Wednesday raised objections to the stance of Deputy Director of Public Prosecutions (DPP), Ms Samalie Wakooli, as prosecutor in the case, instead preferring to call her as a witness and accusing her of prosecutorial bias.

The lawyers, led by Peter Kabatasi and Bruce Musinguzi of the KAA, argued that Wakooli should take the stand to resolve the issues surrounding the alleged tampering with evidence. While Wakooli herself was preparing to introduce two witnesses, Kabatsi interjected with a shocking objection that the prosecutor (Wakooli) must take the stand as a “potential witness.”

“One of the prosecutors in this trial is a potential witness, my Lord,” Kabatsi objected. Musinguzi noted that Wakooli was in breach of Regulation 9 of the Advocates Professional Conduct Regulations, which prohibits personal involvement in a client’s case.

Musinguzi and team allege that on January 22, 2024, Wakooli prepared and signed an indictment, which was read to the court. However, certain parts of that indictment, which she will rely on in this case, appear to have been made up by Wakooli and known only to her at the time.

The parts of the indictment that are in dispute primarily include the DNA report that Wakooli used to conclude that Molly Katanga’s DNA was dominant on the gun that fired the fatal bullet. Interestingly, the DNA report that Wakooli relied on in January was prepared on April 30, making it logically impossible for Wakooli to base his conclusions on a report 3 months before it was written

“My God, on May 3, 2024, we were served with the DNA report. The DNA report on page 36 shows that it was prepared on April 30, 2024. It was an initiative led by the prosecution and at that time, the prosecution signed and prepared the indictment on January 22, 2024. So we will need Wakooli to come and tell us where she got it from and it has not been prepared yet,” Musinguzi said.

“My Lord, we are saying that there is a strong possibility that there may have been prosecutorial bias that led to prosecutorial error. That is why we need Wakooli to come and explain where she got her facts from a non-existent DNA report.”

Inside the chaos between Katanga’s lawyers and the DPP

This is not the only time Molly and DPP lawyers have clashed before a judge. McDusman Kabega previously accused the DPP’s office of pressuring George Amanyire, a Katangas comfort boy, while he was in Kigo prison. Kabega said they asked George to change his story and pin Molly on the belt. DPP lawyers have denied the accusations.