“In the new application, it could be concluded that the applicant has failed to prove her condition couldn’t be managed by prison authorities. There is no new ground of ailment raised in the application but rather a mere mention of it. This matter was considered in the previous application,” said Justice Muwata.
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Molly Katanga was wheeled to the court by a police constable.
The High
Court in Kampala has, for the second time, dismissed the bail application of
Molly Katanga, who is accused of murdering her husband, businessman Henry
Katanga. Criminal
Division Judge Isaac Muwata denied Molly bail, stating that she had not presented
new grounds in her second application that were different from those already
addressed in the first unsuccessful application.
Justice
Muwata emphasized that while it is permissible for an accused person to apply
for bail multiple times, each fresh application must introduce new grounds. In
Molly's case, the judge noted that there were no new circumstances presented in
the second application that were not already considered in the previous one.
“In the new application, it could be concluded that the
applicant has failed to prove her condition couldn’t be managed by prison
authorities. There is no new ground of ailment raised in the application but
rather a mere mention of it. This matter was considered in the previous
application,” said Justice Muwata.
Furthermore,
Justice Muwata highlighted that Molly's murder trial is scheduled to commence
on June 2nd, 2024, and releasing her on bail could jeopardize the case, as the
prosecution has already shared evidence with her lawyers.
Background:
Previously,
on April 9th, 2024, Justice Muwata denied Molly bail due to her failure to
prove exceptional circumstances, including a lack of medical reports
demonstrating that her condition could not be managed while in custody.
Subsequently,
Molly made a second bail application, supported by a medical examination
conducted by the Uganda Prisons Service on April 15th, 2024. The examination
revealed that Molly suffered from various medical conditions, including
hypertension, breast masses, paranasal sinusitis, vertigo, and post-traumatic
stress disorder.
The prison
doctors stated that the assessment and monitoring of Molly's illnesses were
beyond their capacity. "It was the Prison's conclusion that the assessment and
monitoring of the progress of the multiple breast masses was beyond the
capacity of the prison's health services", reads the court
documents.
The documents further indicated that, as of the date of her
examination on April 12th, 2024, Molly's fibrotic masses had multiplied.
Molly's lawyers argued that, given
her grave illness and the previous court finding her sureties substantial, she
deserved to be released on bail.
However, the
Director of Public Prosecutions (DPP) opposed the second bail application,
stating that there were no new circumstances warranting reconsideration.
In his
ruling, Justice Muwata concluded that there were no new circumstances presented
for the court to consider, and reviewing its earlier decision without such
circumstances would be inappropriate.
Prosecution
alleges that Molly Katanga murdered her husband, Henry Katanga, on November 2,
2023, in Mbuya, Chwa II, Nakawa Division. Molly's two daughters, Martha Nkwanzi
and Kakwanza Patricia, are jointly charged with tampering with valuable
evidence related to their father's murder.
They, along
with the family's shamba boy George Amanyire and nursing officer Charles Otai,
were released on bail by the same judge more than two months ago. However,
Molly remains on remand at Luzira Women's Prison.
