The credibility and scope of the defence forensic analysis in the murder trial of businessman Henry Katanga came under renewed scrutiny after a defence witness admitted he never examined the injuries sustained by key murder suspect Molly Katanga and could not determine the position in which the deceased died.
Appearing for a fourth round of cross-examination at the High Court before Justice Rosette Comfort Kania, the retired forensic pathologist, Dr Sylvester Onzivua, faced sustained questioning from Chief State Attorney Jonathan Muwaganya over what he described as critical gaps in the expert’s analysis of the circumstances surrounding Katanga’s death.
The prosecution sought to distinguish between establishing the cause of death and investigating the circumstances under which a death occurs.
‘In death investigations, the position of the body is itself evidence,’ Muwaganya told court, adding that the location of a firearm, blood patterns and the overall appearance of the scene are all critical elements in reconstructing how a person died.
Dr Onzivua agreed, saying: ‘The entire appearance of the scene of crime is a critical piece of evidence in a death investigation.’
The witness also accepted that determining the circumstances of death falls within the responsibilities of a forensic pathologist.
‘Is it also in your professional calling to investigate the circumstances of death?’ Mr Muwaganya asked.
‘Yes,’ Dr Onzivua responded.
The exchange later shifted to Molly Katanga’s injuries, which the defence has previously relied on to support its theory of events.
Under questioning, Dr Onzivua acknowledged that although forensic pathologists are trained to analyse wounds and determine whether they are superficial, self-inflicted or caused by another person, he had never been instructed to assess Molly Katanga’s injuries.
‘You were never instructed to do anything in relation to her own wounds, correct?’ Mr Muwaganya asked.
Dr Onzivua replied that he had received no instructions concerning Molly Katanga’s wounds and had focused on interpreting injuries described in the postmortem report.
The prosecution then pressed him on whether his expertise extends beyond examining deceased persons.
‘You confirm as a pathologist your expertise is not restricted to wounds of dead bodies but also wounds of the person involved in crime,’ Mr Muwaganya said.
Dr Onzivua agreed.
The prosecution argued that despite possessing the expertise to analyse injuries on living persons, the witness had not independently assessed the wounds of the key accused person in the case.
Mr Muwaganya also questioned Dr Onzivua about his ability to reconstruct the final moments of the deceased using materials supplied by the defence.
Initially, the witness suggested he had considered blood patterns, DNA analysis and bloodstains found in the room.
However, after repeated questioning, he ultimately conceded that he could not establish whether Henry Katanga was standing, sitting or lying down when he sustained the fatal gunshot wound.
‘So using those two, you could tell whether the deceased died while standing, sitting or lying down?’ Mr Muwaganya asked.
‘No, no, I could not,’ Dr Onzivua replied.
‘For clarity of record, you cannot tell the dying position of the deceased through any of the materials availed to you by your client. Correct?’
‘Correct,’ the witness answered.
The cross-examination further exposed disagreements over conclusions contained in Dr Onzivua’s defence report.
Mr Muwaganya referred the witness to a section of the report stating that Molly Katanga’s blood was all over the room while the deceased’s blood was found only on the bedsheets.
When directed to identify the source of that conclusion in the blood pattern analysis report, Dr Onzivua admitted the information did not appear in the report itself.
Despite the omission, he maintained that his conclusion remained valid.
The prosecution also challenged another conclusion in which Dr Onzivua stated that blood pattern observations irresistibly showed that the deceased, Molly Katanga, battered the deceased before sitting on the bed and shooting himself.
The hearing marked the fourth appearance of the defence expert under cross-examination and came a day after he apologised in court for previously discrediting government pathologist Dr William Male Mutumba, whose qualifications he had earlier questioned.
Molly Katanga is charged with murdering her husband at their home in Mbuya, Kampala, in November 2023. She denies the charge.
Her daughters, Martha Nkwanzi and Patricia Kakwanza, are charged with being accessories after the fact and destroying evidence. Co-accused Charles Otai and George Amanyire also deny the charges.
The trial judge adjourned the matter to June 10 for further cross-examination of Dr Onzivua.