Verbatim: Transcript from hearing last Thursday when the defence team for Ms Molly Katanga cross-examined forensics expert Andrew Mubiru on the DNA retrieved from evidence in the murder trial

The murder trial of Henry Katanga resumed with the cross-examination of prosecution witness number eight, Andrew Kizimula Mubiru, the director of forensics in the Uganda Police Force

Defence lawyer MacDosman Kabega quizzed Mubiru on the Deoxyribonucleic acid (DNA) analysis and other reports amid protests from prosecution lawyers.

Other defence lawyers include Peter Kabatsi, Elison Karuhanga, Jet Tumwebaze and Bruce Musinguzi.

On the other hand, Assistant Director of Public Prosecutions Samali Wakooli and chief state attorneys; Jonathan Muwaganya and Anna Kiiza, are prosecuting the matter.

Renowned lawyer Mwesigwa Rukutana is monitoring the proceedings on behalf of the deceased's family.

The late Katanga's wife, Molly Katanga, is facing trial, together with her daughters; Patricia Kakwanza and Martha Nkwanzi, as well as George Amanire, 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, last year, at their residence in Mbuya along Chwa II Road in Kampala.

Molly participated in the proceedings via an audio-video link, while her co-accused were physically present in court.

The case is before Justice Isaac Muwata. Michael Odeng, Edward Anyoli and Barbra Kabahumuza bring you what transpired in court verbatim.

Kabega: Now that you are aware that Police lifted fingerprints, were they given to you?

Mubiru: No, my Lord.

Kabega: Would I be right to suggest to you that the Police never gave them to vou to examine because your findings would be that the accused never touched that gun?

Mubiru: The fingerprints were not given to me because I am a DNA examiner.

Kabega: Now, what department deals with fingerprint examination?

Mubiru: It is called the criminal identification department.

Kabega: Is that department under your supervision?

Mubiru: That is correct.

Kabega: As the overall head, do you recall receiving any fingerprint examination findings that were forwarded to Jinja Road Police Station for their investigation into the case?

Mubiru: No.

Kabega: Dr Mubiru, you exhibited a number of items in court including sticks. Did you examine the baton?

Judge: Was there a baton? Did you take some pictures?

Mubiru: I took them.

Kabega: What were your findings on the baton?

Mubiru: There were no blood stains on the baton.

Judge: Was it a long stick or specifically a baton?

Kabega: The baton was lethal.

Wakooli: What makes it lethal according to vou?

Kabega: If it is used to hit your head.

Kabega: [After looking at the picture of another stick]. My Lord, I would wish to have the real baton.

Judge: Okay, let us continue for the meantime.

Kabega: In the absence of the baton, you will not get the feel of what I want and it is very important my lord as far as I am concerned. It is item 19 my lord.

Judge: We shall look at it later.

Kabega: Mubiru, in your evidence in chief, you stated that you did not examine the baton because it had no visible stains.

Mubiru: Yes, my lord, we looked at it and there were no visible stains.

Kabega: Is the absence of visible stains a hindrance to DNA examination?

Mubiru: Yes sir.

Kabega: Thank you. Now, what is item number 2-4 as indicated in your report?

Judge: On which page is it?

Kabega: Page 19, item 36 labelled 2-4. Did that item have blood stains?

Mubiru: That is a swab from a T-shirt and adjustable copper-like walking stick recovered from the corner of the scene of crime.

Kabega: Did it have any bloodstain?

Mubiru: No, it did not have

Kabega: What about item number 37 labelled 24-2.

Mubiru: This was a swab from a wooden stick recovered from the southern corner of the scene of crime.

Kabega: Did it have blood stains?

Mubiru: It did not have blood it stains but it had red marks, that is why we swabbed it.

Kabega: What about item number 38 labelled 24-3. What is that?

Mubiru: This is a 106-centimetre wooden stick.

Kabega: Did it not have any visible blood stains?

Mubiru: It had some black marks.

Kabega: Did you find out what they are?

Mubiru: We were not able to determine what they were.

Kabega: Now, you were present at the crime scene, were these assault instruments recovered? Given the evidence of severe physical harm, is it not unusual that you did not conduct DNA analvsis on all instruments, especially since some showed no visible signs? I suggest that you intentionally omitted those instruments because their DNA results would reveal that A1 (Molly) was assaulted using those instruments.

Judge: But he said that he took swabs. Did you?

Kabega: He did some, but not others

Judge: Could that be the reason you did not carry out [DNA analysis on other items? (Asks Mubiru)

Mubiru: No, that is not the reason.

Kabega: On item 36, 37 and 38 in your report on page 19, what were your findings?

Mubiru: Regarding the evidence items, low amounts of DNA were recovered on items 36 and 37. On item 24-3, no visible stains were detected and on item 38, a mixed DNA profile from at least one male contributor was identified.

Judge: What was on item 38 (wooden stick]?

Mubiru: It had a DNA mixed profile.

Kabega: At least one male contributor?

Mubiru: Yes.

Kabega: Did you determine who that male contributor was?

Mubiru: The male contributor was the deceased.

Judge: Okay.

Kabega: Finally, Mubiru, in your capacity as the director forensics, do you recall having forwarded the report of the ballistic expert to the Police?

Mubiru: Yes

Kabega: And you forwarded the report in writing?

Mubiru: Yes, we have a covering letter.

Kabega: I believe you looked at the report, did you?

Mubiru: Yes, I looked at it.

Kabega: It was authored by who?

Mubiru: The OC officer in charge Jinja Road Police Station.

Kabega: The forwarding letter is dated when?

Mubiru: November 29, 2023.

Kabega: Signed by yourself?

Mubiru: No.

Kabega: And you looked at the report, you said?

Mubiru: I looked at the administrative part.

Kabega: Who made the ballistics report?

Mubiru: We have the lead analysts; Umar Mutuya and Derrick Nasawali

Kabega: I want to take you to page one of that report and I want you to read the introduction.

Mubiru: (Reads the report].

Kabega: I want to take you back again to your report. That is the gun, which was recovered from the scene of crime right?

Mubiru: Yes.

Kabega: Did your report include a gun with serial numbers?

Mubiru: Yes

Kabega: Does your report include the C7999 gun?

Mubiru: C7999 Compact is documented in my report

Kabega: Once again, Mubiru, vou nave no report on this gun which was given to you by the SOCO {(scene of crime officer).

Mubiru: l have UG1622200061.

Kabega: Whv are you reading and leaving out the other numbers?

Mubiru: Because the other one is a model.

Kabega: Mubiru, models differ, correct? Moving on to the firearms' evidence. specifically, the gun, ammunition, spent cartridge, cartridge casing and magazine.When did you receive these items for examination?

Mubiru: On November 3, 2023.

Kabega: And you proceeded to carry out the examination?

Mubiru: Yes.

Kabega: How long did the examination take?

Mubiru: Swabbing was on November 6, 2023.

Kabega: Please answer my question.

Judge: He has answered.

Kabega: And when did you hand over the items to the ballistics expert?

Mubiru: On that same day, November 6, 2023.

Kabega: When you received the items, did you assign them reference numbers?

Mubiru: All the items received are given one lab number.

Kabega: Did you give them a reference number when you received them?

Mubiru: We received them under the exhibit marked and when we take a swab, we give it a reference number.

Kabega: After the swab?

Mubiru: My lord, he is answering his own question.

Kabega: Mubiru, you want to set your own questions and answer them?

Judge: I thought you referred to a reference number?

Kabega: The question was simple. When you received them [items] did you give them a reference number?

Mubiru: The entire case contains a reference number.

Prosecutor Muwaganya: That is the answer.

Kabega: What lab number were they given?

Mubiru: DFS/DNA/682/2023

Kabega: That was November 3, 2023?

Mubiru: Yes.

Kabega: Let me take you back to the ballistics report. It is your evidence that after carrying out the examination, you forwarded all those items to the gateway so that they can be taken elsewhere for examination, correct?

Mubiru: Yes.

Kabega: Can you read paragraph A of that report?

Mubiru: [Reads the report].

Judge: That is different.

Prosecutor Wakooli: Yes.That is why we are saying they should ask questions only on documents authored by him [Mubiru).

Judge: Let him answer.

Kabega: Read introduction part A. He is reading from the ballistics report.

Judge: What is the reference number?

Mubiru: BFS/407/2023.

Kabega: So, what was submitted to the ballistics on November 3, 2023?

Mubiru: They listed about eight items.

Kabega: What are they?

Mubiru: I will read them.

Wakooli: He is going into the content of the ballistics. It is prejudicial

Judge: Let me first finish this. There are how many items?

Kabega: Just mention what they are.

Wakooli: This report is for a ballistic expert and he (Mubiru] is a DNA expert. You cannot cross-examine him on things received by a different lab.

Kabega: Let them hold their fire.

Wakooli: It is not proper.

Kabega: It is very proper and I will show you why.

Judge: Who submitted them?

Muwaganya: Investigating officer Emmauel Ogwang.

Judge: Now you continue.

Kabega: What item did you submit?

Wakooli: That is where the problem is my lord.

Muwaganya: That is hearsay to ask a question on what another person submitted

Kabega: This is cross-examination

Waroonli: it has limits

Kabega: May l go on? Was a black Zastava pistol among the items submitted, Mubiru?

Mubiru: Yes my lord

Kabega: Was the pistol magazine submitted?

Mubiru: Yes

Kabega: Was suspected live ammunition submitted?

Judge: Who submitted those items, is it you [Mubirul?

Muwaganya: No, he is not the author.

Judge: I thought he forwarded them [items]

Wakooli: He was very clear on that in his forwarding letter.

Kabega: My lord, this is important.

Judge: What is important?

Kabega: It is going to be an exhibit.

Muwaganya: Then you wait for that witness.

Kabega: This witness has testified that they submitted the report, accompanied by a forwarding letter, and confirmed reviewing its contents. What, then, is the basis of their objection?

Wakooli: That is not also true that he read through

Kabega: These documents, according to this gentleman, were submitted to his department on November 3, 2023, and given a lab number, correct?

Judge: Do not refer to that report.

Kabega: It is not a letter; it is a report. So, you submitted the gun and all its components to the ballistic expert after you had done your DNA?

Judge: He answered.

Kabega: When on November 3, 2023, who who was in custody of the gun, ammunition, spent cartridge and the magazine?

Mubiru: By the close of business November 3, 2023, they were in the custody of the forensics department.

Kabega: Can you look at PID [Personal Identification Document] 2A?

Judge: What is it called?

Mubiru: PID 2A.

Kabega: What is that document?

Mubiru: My lord, this is Police form 17A.

Kabega: Dated?

Mubiru: Dated November 6.

Judge: What year?

Mubiru: 2023.

Kabega: In respect of, what items?

Mubiru: Item 4-3, the swab from the trigger of a pistol gun UG16 22200061

Judge: Another one?

Mubiru: Another one is a 22-1 blood swab from the door curtain.

Kabega: I want to suggest to you that by that date the SOCO could not have obtained swabs from those exhibits because they were not in his possession?

Mubiru: What exhibits?

Kabega: Listed there. What exhibits are listed there on those documents PID 2A? The problem is you keep referring to your notes.

Mubiru: There are six exhibits.

Kabega: What are they? Let us go one by one. You go to the first page. What is the first one?

Mubiru: It is a swab.

Kabega: I am suggesting to vou that that officer could not have obtained that swab from the gun because it was not in his custody.

Mubiru: My lord I cannot speak to that.

Kabega: My lord, that is all for today.

Judge: Case adjourned to today (October 1, 2024)

Verbatim continues tomorrow