Dr Nyanzi's Case Heard in Chambers
Dr. Stella Nyanzi in court
Kampala.The Criminal Division of the High Court adjourned April 26, 2017 to make a ruling on whether the proceedings of the lower court against Makerere University lecturer Dr. Stella Nyanzi should be quashed so that she can apply for bail.
According to one of Dr. Nyanzi's lawyers, Mr. Nicholas Opiyo, they presented their arguments to the court where they asked that the proceedings before Buganda Road court in respect of the mental treatment act was unlawful and asked High Court to quash it.
Secondly the refusal by the trial of the lower court Magistrate having taken plea from the accused person to explain to the accused person's right to apply for bail.
The Criminal division of High court recalled Nyanzi's case file from Buganda Road Chief Magistrate's Court following an appeal by her lawyer, Mr. Isaac Kimaze Semakadde.
She is facing cyber related crimes slapped against her about two weeks ago by the State for allegedly referring to the person of President Museveni as a "pair of buttocks" on her social media posts. The State says that Dr. Nyanzi's reference to the person of the President is offensive.
Core to Dr. Nyanzi's application for revision on April 26, 2017 is that on April 10,2017, His Worship Ereemye,erroneously and injudiciously, sided with the State and refused to hear her bail application
Dr. Nyanzi also faults the Magistrate of having remanded her to Luzira Prison awaiting the determination of her mental status instead of hearing her bail application.
"In effect, the learned Chief Magistrate has thrown into indefinite limbo a bundle of our client's constitutionally guaranteed rights to liberty, presumption of innocence, presumption of sanity and a fair and speedy hearing before determination of her civil rights and/or criminal charges contrary to the very important duties cast on him as a judicial officer," Dr. Nyanzi's lawyer stated in her application for revision.
Posted 26th, April 2017
