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.
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