New twists have emerged in the hearing of the case before Buganda Road grade one magistrate court, in which Makerere lecturer Dr. Stella Nyanzi is accused of using vulgar language to disturb the peace of President Museveni and his late mother Esteri Kokundeka
The matter, where Nyanzi declined to ask for bail, was coming up today for commencement of the hearing with Prosecution parading four witnesses in court including prominent lawyer Dalton Oponya as its first witness.
Although the first witness, Oponya had shown readiness to start his testimony, defence counsel Isaac Ssemakadde informed court that his side was not ready for the hearing, citing a number of “incurable irregularities” on the charge sheet.
“Your worship I have a preliminary objection to the validity of charges before you. There is a sheet but there are no charges,” Submitted Ssemakadde
The lawyer said the current charges against Dr Nyanzi are prejudicial and unlawful because the prosecution combined various offences under one, yet each has to stand on its own.
“It will be impossible however good a lawyer is, to make defence on these charges. The particulars don’t disclose any fact which makes the charge sheet immaterial in nature thereby leading to a miscarriage of Justice,” he said.
Ssemakadde also pointed out that the charge sheet does not indicate the exact time at which the alleged offense was committed yet this is one of the essential ingredients in offences of this nature.
He thus asked court to dismiss the case, acquit his client on top of awarding her costs.
The state prosecutor, Mariam Njuki in response, asked for an adjournment to enable her study the submissions and file her reply.
Although many at this point had thought that Nyanzi could make a U turn on her earlier decision not to ask for bail until the matter is heard to its logical conclusion, she still stood her ground.
The trial Magistrate remanded Nyanzi back Luzira prisons until 10th January 2019 and wished her Merry Xmas. She wished the same back to the magistrate.