The trial of five people accused of allegedly killing businessman, Henry Katanga has been adjourned to tomorrow after their lawyer protested a move to amend the charges.
On Tuesday, the state prosecutors led by Assistant Director of Public Prosecutions Samali Wakooli told court that they want an amendment on the count of destroying evidence that would be used in the judicial trial for the murder of Henry Katanga to include the family shamba boy, George Amanyire, and a medical practitioner, Charles Otai but also include the items that were destroyed.
“For count 3(of being an accessory after the fact of murder), my lord we have amended it to include A2 and A3(Patricia Kankwanzi and Martha Nkwanzi). We pray that plea is taken afresh from count 3,” Wakooli said.
This didn’t augur well with the defence lawyers who protested the move.
Lawyer Peter Kabatsi said they cant allow charging the accused afresh on charges on which they were not committed to court.
” In other words, a person who was not properly charged and committed to the high court cannot be smuggled,” he said.
” The fact that the accused persons were not committed on the offenses on which the prosecution seeks to amend, we would pray that amendment and alteration is rejected. More importantly my lord, the accused persons cannot be tried over an offence on which they were not committed especially tried in this court.”
However, Wakooli defended the move saying quoting Section 50 ( 2 )of the Trial and Indictment Act which she said allows court to order for any alterations if the indictment is defective.
” My lord, there is no injustice that will be occasioned even trial hasn’t started. My lord, it will meet the ends of justice is this amendment is done .”
The trial judge, Isaac Muwata adjourned the case to tomorrow, Wednesday to rule on the matter.
