The High Court has directed the prosecution to provide all raw data, including CCTV footage and mobile phone records, from gadgets seized during the investigation of the murder of businessman Henry Katanga.
The ruling comes after the defense raised concerns over insufficient disclosure of evidence by the prosecution.
Justice Isaac Muwata, presiding over the case, emphasized the importance of adhering to legal principles of fair trial and transparency.
The defense had requested access to the raw data, including digital evidence, in advance of the testimony of Assistant Inspector of Police Enoc Kanene, a digital forensics expert.
Kanene, who is scheduled to be a key witness, is expected to present forensic evidence relating to the case.
“The principle of a fair trial, as outlined in the Constitution, must be upheld,” Justice Muwata said, highlighting the constitutional requirement for full disclosure of all evidence that may assist the defense.
He cited precedents from international law, stressing that the prosecution has a duty to disclose all relevant materials, including scientific data, that could either weaken the prosecution’s case or support the defence.
The court’s ruling requires the prosecution to provide the raw data extracted from the gadgets, which includes information from the CCTV footage and mobile phones taken from Katanga’s Mbuya home.
This material is considered crucial for the defence to challenge the evidence presented by the prosecution and ensure a fair trial for the accused.
The prosecution’s legal team, led by Assistant DPP Samali Wakooli, acknowledged the court’s order but indicated that it would take several hours to extract and compile the data from the gadgets.
“We estimate that the extraction process will take approximately six hours, and we will need storage space capable of holding up to 4 terabytes of data,” said Jonathan Muwaganya, one of the prosecution’s lawyers.
The defence, represented by Counsel Peter Kabatsi and others, questioned the practicality of meeting the court’s deadline.
Kabatsi raised concerns that, given the complexity of the task, they would need additional time to review the data before proceeding. “We will require a full day to assess the raw data once it’s provided,” he noted.
Justice Muwata responded by confirming the importance of adhering to the disclosure order, but agreed to give the prosecution until Thursday to present the data.
“If the raw data is not available by then, we will adjourn the proceedings further,” the judge warned.
The case, which has drawn significant public attention, centres on the brutal murder of Henry Katanga, a prominent businessman, whose death remains under investigation.
The five accused individuals face various charges related to the crime, with the trial being closely watched for its high-profile nature and complex digital evidence.
As the court prepares to reconvene, the defence has also requested that Kanene, the digital forensics expert, present his academic credentials, citing concerns about his qualifications to testify on the matter.
The trial will resume on Thursday.
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