In a significant development in the murder trial of Molly Katanga, High Court Judge Isaac Muwata has issued a pivotal ruling on the admissibility of evidence, emphasizing the critical importance of maintaining a clear chain of custody.

The case, which involves the alleged murder of Henry Katanga, has been adjourned to September 10, 2024, after a heated debate over the admission of key exhibits in court.

During the latest court session, the prosecution sought to introduce several pieces of evidence, including Police Form 17A, dated across multiple days in November 2023, a DNA analysis, and various physical items identified by forensic scientist Andrew Kizimula Mubiru.

However, defense attorney Elison Karuhanga objected to the submission of Police Form 17A, arguing that the forensic witness lacked sufficient knowledge of how the exhibits were collected. Karuhanga asserted that only those directly involved in preparing the forms should be responsible for submitting them as evidence.

Judge Muwata’s ruling underscored the necessity of a robust chain of custody to uphold the integrity of the evidence presented in court.

He highlighted that, according to the Courts of Judicature Directions of 2021, evidence can only be admitted if it is presented by individuals who have firsthand knowledge of the exhibits or were the final custodians before the trial.

“The exhibits for which the recovery process has not been clearly established cannot be admitted at this stage,” Judge Muwata stated.

“They can only be acknowledged by the witness who identified them. Only those items that were retrieved during the post-mortem or in the presence of witnesses who have already testified are eligible for admission,” he added.

As a result of this ruling, key evidence, including the physical exhibits and Police Form 17A, will remain in limbo until the prosecution can establish a clear chain of custody by presenting witnesses directly involved in the recovery and handling of these items.

The prosecution is expected to respond to the court’s concerns by bringing forth the necessary witnesses to satisfy the legal criteria for admitting the evidence.