High court judge Jane Francis Abodo has dismissed the application in which Dr Stella Nyanzi wanted the court to halt her pending judgment before Buganda Road Grade one magistrate Gladys Kamasanyu, on the charges related to disturbing the peace of the President.
Nyanzi claimed the magistrate denied her a fair hearing and a chance to defend herself.
Justice Abodo however, ruled that from the evidence on record, Nyanzi was not denied chance to a fair hearing, because she failed to use properly the time granted to her by court to defend herself.
The judge pointed out that the record from the lower court clearly showed that on several occasions this matter appeared for defense hearing, Nyanzi’s lawyers informed court that they were not ready and asked for adjournments.
The High Court judge ruled that it was the duty of Nyanzi and his Advocates to interact with witnesses before bringing them to court, instead of her summoning people who knew nothing about the case like Dr Mayambala Mustapha.
He blamed the defense counsels for failure to organize their witnesses, despite of the fact that they were granted seven adjournments.
“The applicant was granted an opportunity to produce witnesses but she produced one who was only seeing her for the first time”
The judge also said he found no evidence of Magistrate Kamasanyu conducting herself in a biased way as the applicants had submitted.
After receiving this judgment, Isaac Ssemakadde one of Stella’s lawyers told press that he was not surprised by the court’s decision because from the beginning they didn’t expect anything positive from High Court
Tomorrow, Thursday Buganda Road Court Magistrate is expected to deliver her judgment in the cyber harassment and offensive communication case in which Nyanzi is accused of disturbing President Museveni’s peace and that of his late mother Esteri Kokundeka via a face book post.
In this matter the defense case was closed without hearing any defense witnesses.