🔴 Anthony Natif notes from Court: When cell towers and lack of disclosure take center stage

What the report says

The Independent Uganda reported on July 25 that proceedings in Uganda v Molly Katanga again turned on disputes over prosecution disclosure and the use of telecom location evidence. The account, adapted from court notes by Anthony Natif, says the defence objected after the state confronted a defence expert witness with MTN call-log material during cross-examination.

According to the report, the witness, identified as DW3, is an orthopaedic surgeon who said he was in theatre at IHK on November 2, 2023, operating on Mrs Katanga’s orthopaedic injuries. The state challenged that account by referring to phone records obtained after police secured a court order, arguing the records were relevant to where the doctor was at the time he said he was in theatre.

Defence lawyer Elison Karuhanga protested that the material had not been disclosed in time and argued that cell-tower data needed technical interpretation because it does not necessarily show a person’s exact physical location. The prosecution, represented in the exchange by Mr Muwaganya, maintained that cross-examination allowed the state to put such information to the witness and that the doctor could say whether it was inaccurate.

The report says the matter is before Lady Justice Rosette Comfort Kania and is expected to resume in the first week of September. The episode matters because it highlights two recurring issues in complex criminal trials: whether evidence is shared early enough for the opposing side to prepare, and how courts should assess phone-network location data when it is used to challenge testimony.