The High Court is expected to deliver its ruling on Thursday on whether the accused persons in the high-profile Katanga murder trial have a “no case to answer.”
The decision will determine whether the accused will be required to present a defence or will be acquitted at this stage of the proceedings.
The ruling follows submissions by the defence after the prosecution closed its case. Defence lawyers argued that the state failed to present sufficient evidence to establish a prima facie case and asked court to dismiss the charges without putting the accused on their defence.
Under criminal procedure, a “no case to answer” submission is made when the defence contends that the prosecution evidence is too weak, inconsistent, or insufficient to sustain a conviction even if it remains unchallenged.
If court agrees with the defence, the accused will be acquitted immediately. However, if the judge finds that a prima facie case has been established, the accused will be placed on their defence and will be allowed to give sworn or unsworn testimony, as well as call witnesses.
The Katanga murder trial has attracted significant public attention due to the profile of those involved and the circumstances surrounding the death.
Legal observers say Thursday’s ruling will be a key turning point in the case, determining whether the matter proceeds to the defence stage or ends at this point. Court is expected to deliver the ruling Thursday morning.
