Defense Pushes for Nyanzi Trial as State Seeks Stay

The Cyber Harassment and Offensive Communication case against Dr Stella Nyanzi before Buganda Road Court today took a new turn after Prosecution submitted an application for delay of the hearing of this matter.

Senior State Attorney Jonathan Muwaganya asked Chief Magistrate James Mawanda Eremye not to start off with the hearing of the case until the Constitutional Application in which the defense objects to the mental examination of Dr Nyanzi is fully disposed of.

“It was the ruling of High Court’s Justice Elizabeth Kabanda that guided this court to first dispose of the mental status matter before proceeding with the main case,” argued Muwanganya.

He added that the defense side should use this period when the case is on mention to push for the hearing of their constitutional petition.

However, Peter Walubiri, the lead defence counsel objected this application, saying that his side is ready for a hearing. He also warned of delayed justice towards his client who is currently receiving half salary at her job.

“Proceedings were stayed in mental treatment case not in the criminal case. The constitution under Article 28 (1) says that an accused person is entitled to a fair and speedy trial but my client has not seen this. She cannot travel outside the country because her passport is being detained in court as terms for her bail”

Walubiri also asked the prosecution to withdraw the charges against the accused pending the disposal of the constitutional application and re-instate the charges later.

But the Prosecutor Muwaganya told court that he doesn’t have instructions from the DPP to withdraw the charges.

He also reassured that all has been done to ensure a speedy trial of Dr Nyanzi but all has been curtailed by the objections made by the defence on various occasions

The magistrate gave state a period of one month to consult with the DPP on what steps should be taken on the case.

The case was adjourned to 21st August for the state to present the DPP’s opinion.

Nyanzi is accused of posting in her Facebook page statements to the effect that President Yoweri Museveni is a pair of buttocks.

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