Karuhanga protested the lack of disclosure SPECIAL REPORT | ANTHONY NATIF | As recorded in court, in the case Uganda Vs Molly Katanga and adapted from @TonyNatif on X. **** This trial has had its fair share of accusations of “trial by ambush” due to lack of timely disclosure; with the defense constantly complaining that the prosecution at times holds onto information and only discloses it at the bar. On Thursday, this happened again when the state put it to the defense expert witness – an orthopaedic surgeon who operated on Mrs Katanga’s orthopaedic injuries on 2/ Nov/2023-that he wasn’t at the hospital as he claimed.
He insists he was in theatre and operated on her. Uganda Police were stationed outside the theatre during the procedure. The same police that then recently got a court order and got DW3 call logs from MTN, which the state put to the witness as proof that he was elsewhere but IHK.
Mrs Katanga’s defense was having none of it. On the use of cell tower logs to push the claim that DW3 wasn’t in the theatre the time she was operated upon, her lawyer Mr Elison Karuhanga had this to say: “My lord, moreover, it’s a document that does require technical explanation because, my Lord we are seeing these, my Lord, are cell tower locations, they’re actually not physical locations. We don’t know where the cell tower picks you.
That’s what a witness told us, PW10 (AIP Enock Kanene); he told us these are cell tower locations, they’re not physical locations. We don’t know what, which is where” Then on disclosure, Mr Karuhanga said: “And this is the problem my Lord with lack of disclosure. We would have all been able to know that this has been done.
However, now we have a situation where this witness is going to have to explain ….at 7:07 (am) for example, he was in 2 different places; at 9:52…(trails off)…my Lord even the US army that’s throwing missiles in Iran cannot teleport with such efficiency!” Justice Kania: Mr Karuhanga, you’ve finished? EK: Yes, my Lord Judge: Mr Muwaganya… JM: My Lord, our interest is to know where Dr DW3 was at the time he told the court he was in theater. JM: The Doctor can say what he wants to say, but we really feel he should answer for himself.
Should Counsel have any doubts, as he appears to be raising, my Lord, he can handle those doubts when his turn comes in examination-in-chief (he’s corrected by…
Summary from source