Ms Molly Katanga has previously attended both her bail hearings virtually from Luzira Prison, a facility fitted with the digital infrastructure to effectively run video links
Ms Molly Katanga has asked to attend her prosecution for the murder of her husband via video link from Luzira Prison.
Mr Bruce Musinguzi, lawyer for the accuse, told the Criminal Division of the Hight Court sitting in Kampala that his client's health remains fragile due to head injuries sustained on the fateful day of November 2, 2023, when her husband Henry Katanga was allegedly murdered.
"Despite undergoing five surgeries, the injuries are still severe for her to be brought to court often for trial," Musinguzi told the court presided over by Justice Isaac Muwata.
Mr Jet Tumwebaze, another lawyer representing Ms Katanga, emphasised the severity of her alleged injuries.
Ms Katanga was carried into the court room and later helped into a wheelchair by prison wardresses in a slow and vividly painful process.
The last time she had been dragged into court to be charged with the murder of her husband, Ms Katanga had her head wrapped in medical bandage with revelations and release of pictures of the gravity of the injuries she suffered to the head later being shared to the public.
This time, there appeared no sign of the medical bandage - she had a white headcloth on and looked more alive than the suspect from January whose presence in court had left her relatives in uncontrollable tears.
Zoom prayer
Ms Katanga's prayer to participate in the trial virtually via Zoom would not have shocked many and Judge Muwata will have his work cut out on Wednesday, July 3, when he rules on whether excuse the first accused from the seemingly excruciating physical appearance in court.
She has previously attended both her bail hearings virtually and the prayer will be a test to the Judiciary that has used the digital technology to great effect and with so much emphasis.
Started in April 2019 in what then Judiciary spokesperson Solomon Muyita explained was "primarily to be use at the mentioning of the case stage", the video link has come of age.
While launching the video-conferencing trial system in Gulu City in August last year, Chief Justice Alfonse Owiny-Dollo said it will will work toward the promotion of an efficient and effective administration of justice system in Uganda, especially through automation of court processes.
"These tools and facilities have greatly facilitated the promotion and observance of human rights," CJ Dollo said at the time.
Having lost two bail applications earlier and seemingly failed to secure full disclosure of evidence and documents in the pre-trial hearing, Ms Katanga and her lawyers from the Kampala Associated Advocates and Tumusiime, Kabega & Co. Advocates will be looking to score at least one early victory before Judge Muwata.
After hearing arguments from both sides on Day One of the trial on Tuesday, Judge Muwata adjourned the court until tomorrow, July 3, at 10am, when he will issue his decision on the two key issues.
The first is on whether to allow Ms Molly Katanga to participate in the trial remotely via Zoom.
But it is the second early decision that added an early water to the highly publicised murder trial as Juge Muwata must also decide on whether to approve the prosecution's request to amend the charges against four of the accused.
The prosecution, led by State Attorney Samali Wakoli, presented a request to amend the charges, proposing to add one new count for each, of being accessories to murder and conspiring to destroy evidence.
The defence team objected to this amendment.
On Day One of the Katanga Murder Trial, the widow pleaded not guilty to the charges of murder, while her two daughters - Patricia Kankwanzi and Martha Nkwanzi - pleaded not guilty to conspiracy to destroy evidence.
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The third group of co-accused in the trial, George Amanyire, a domestic hand, and nurse Charles Otai pleaded not guilty to charges of of being accessories after the fact of the murder.
The late Henry Katanga, a prominent businessman, was found dead with gunshot wound to the head on November 2, 2023, in the bedroom of the family home at Chwa II Road in Mbuya suburb of Kampala.
Ms Katanga was also in the bedroom, reportedly unconscious with injuries to the head.
The State says she killed her husband before her daughters attempted to conceal evidence with the help of a domestic servant and a nurse who was known to the family.
The trial kicked off on Tuesday, exactly eight months after the alleged murder.
