Defense Challenges Gun Evidence in Katanga Murder Trial

Defense lawyer Macdusman Kabega cross-examining police ballistics expert Derrick Nasawali in court.

The defense team in the high-profile trial of Molly Katanga has raised concerns over “inconsistencies” in the testimony of a police ballistics expert, particularly regarding the handling of key evidence in the case of businessman Henry Katanga’s death.

During Monday’s proceedings, Derrick Nasawali, a Firearms Examiner and head of Ballistics and Toolmarks at the Uganda Police Force’s Forensic Department, faced intense cross-examination.

Defense lawyers pressed him on his forensic findings, questioning the integrity of the evidence collection process and his report’s conclusions.

Key Points of Contention

Led by Macdusman Kabega, the defense team—including Peter Kabatsi, John Jet Tumwebaze, and Elison Karuhanga—scrutinized the forensic process.

One major issue was the destruction of two dresses during ballistics testing, which the defense argued could compromise the credibility of the results.

Nasawali acknowledged that he analyzed multiple exhibits, including a black pistol, live ammunition, and clothing from the Katanga residence.

However, he admitted 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 challenged this procedure, raising concerns about the loss of crucial physical evidence.

Further discrepancies emerged in the GSR analysis. Nasawali’s report indicated that a swab from Molly Katanga’s left hand tested positive for GSR, while two swabs from her right hand yielded conflicting results—one positive, the other negative.

Additionally, GSR was found 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 detected on clothing submitted by nurse Charles Otai, prompting questions about the consistency of the evidence.

Firearm and Chain of Custody Concerns

Kabega challenged whether Nasawali’s forensic report, dated November 13th, 2023, could definitively prove that Molly Katanga fired the fatal shot.

In response, Nasawali clarified that his role was limited to analyzing physical evidence. He confirmed that the black pistol was in working condition and that the spent cartridge found on Katanga’s bed was fired from the weapon. However, he could not conclusively link it to the accused.

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 mishandling, they argued, could weaken the prosecution’s case.

Prosecution’s Stand

The prosecution, led by Chief State Attorney Jonathan Muwaganya, Annah Kiiza, and Assistant Director of Public Prosecutions Samalie Wakooli, insists 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, closely monitoring the trial.

As the case unfolds, the defense’s cross-examination strategy could play a critical role in shaping the final verdict.

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