High Court judge Eva Luswata has set 25th September 2019 to commence hearing of an appeal filed by jailed former Makerere University Researcher Dr Stella Nyanzi, challenging both the conviction and sentence handed to her by Buganda road grade one Magistrate Gladys Kamasanyu.
On 1st August 2019, Magistrate Kamasanyu sentenced Nyanzi to 18 months in prison after convicting her on charges of cyber harassment and disturbing the peace of the President
While sentencing her, the magistrate deducted the 9 months that Nyanzi had spent on remand in Luzira Prison, meaning that she would only serve 9 months.
Magistrate Kamasanyu said she was convinced beyond reasonable doubt that the prosecution has produced enough evidence that Nyanzi committed the offences against her.
The sentencing session however, turned dramatic as Nyanzi, who was being screened live from Luzira, went on a profanity laced tirade, and even undressed, revealing her breasts.
Her supporters in court also turned violent, to the point of hurling an empty bottle at the magistrate.
Nyanzi later instructed her lawyers to file an appeal against the court decision.
In her appeal, the she alleges that the magistrate failed to properly evaluate the evidence on record, thereby arriving at a wrong decision of convicting the appellant
She also claims that the magistrate erred in law and fact when she failed to accord her the necessary facilities in order to compel her witnesses to appear in court.
Dr Nyanzi further adds that the trial magistrate erred in law and fact, when she refused to facilitate the compulsory attendance and examination of a defense witness after he had absconded from court.