Defense lawyers grilled ballistics expert Derrick Nasawali regarding his forensic findings, particularly the handling of key evidence and the conclusions drawn in his report.
The defense team in the high-profile trial of Molly Katanga has raised concerns over what they termed "inconsistencies" in the testimony of a police ballistics expert, following the presentation of a firearm allegedly linked to the death of deceased businessman Henry Katanga.
During Monday's proceedings, the cross-examination of Derrick Nasawali, a Firearms Examiner and head of Ballistics and Toolmarks at the Uganda Police Force's Forensic Department, took center stage. Defense lawyers pressed Nasawali on his forensic findings, particularly the handling of key evidence and the conclusions drawn in his report.
Led by Macdusman Kabega, the defense team - including Peter Kabatsi, John Jet Tumwebaze, and Elison Karuhanga - questioned the integrity of the forensic process and whether the prosecution's findings were conclusive. A major point of contention was the destruction of key evidence during ballistics testing, specifically two dresses submitted for analysis.
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Nasawali admitted that while he examined various exhibits, including a black pistol, live ammunition, and clothing from the Katanga residence, he did not personally test for gunshot residue (GSR). Instead, he sent swabs and fabric samples from the destroyed dresses to another police lab for analysis. The defense sought clarity on this procedure, arguing that the loss of physical evidence could compromise the credibility of the results.
The defense further challenged inconsistencies in Nasawali's findings. His report indicated that a swab from Molly Katanga's left hand tested positive for GSR, while two swabs from her right hand produced conflicting results--one positive, the other negative. GSR was also detected on a Kitengi-free dress from the master bedroom and a maroon and white decorated dress belonging to the couple's daughter. However, no gunpowder residue was found on the clothing submitted by nurse Charles Otai, raising questions about the distribution of evidence.
Kabega pressed Nasawali on whether his forensic report, dated November 13, 2023, could definitively establish that Molly Katanga fired the fatal shot. In response, Nasawali reiterated that his role was limited to analyzing physical evidence and confirming that the black pistol was in working condition and capable of discharging live ammunition. He maintained that the spent cartridge found on Katanga's bed was consistent with having been fired from this pistol but did not directly link it to the accused.
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The defense also scrutinized the chain of custody of the firearm and ammunition, questioning whether the evidence had been securely handled from collection to forensic analysis. Any potential mishandling, they argued, could cast doubt on the reliability of the prosecution's case.
The prosecution team, led by Chief State Attorney Jonathan Muwaganya, Annah Kiiza, and Assistant Director of Public Prosecutions Samalie Wakooli, maintains that the forensic evidence supports the charges against Molly Katanga. Meanwhile, former Deputy Attorney General Mwesigwa Rukutana is representing the interests of the deceased's relatives, observing the case on their behalf.
As the trial progresses, the defense's cross-examination strategy may play a crucial role in shaping the outcome.
