Dr Nyanzi case: Court gives state last adjournment
Dr Stella Nyanzi and Frank Gashumba before the Buganda road court on Tuesday.
What you need to know:
- In reply, the state prosecutor, Ms Nelly Asiku, informed court that there was no reply from the DPP because his duties were antagonized for some time by the prolonged prosecutors strike over government’s failure to fulfil its promises by raising their pay as promised.
- Last year, the same court halted the government attempt to take Dr Nyanzi for a mental examination until her petition challenging the decision has been disposed of in the Constitutional Court.
Kampala. Court has given the State last adjournment to present the Director of Public Prosecutions (DPP) opinion on how to Court should proceed in the case in which Makerere University Research Fellow, Dr Stella Nyanzi is accused of calling the president a pair of buttocks.
“I am hereby, giving the state the last adjournment to bring the DPP’s opinion. This adjournment has been granted without any prejudice,” held the presiding Chief Magistrate, Mr James Ereemye.
Mr Ereemye was prompted to give the last deferment after Dr Nyanzi through her lawyer, Mr Isaac Ssemakadde urged that six months have elapsed without the DPP giving his opinion on how court should proceed in her case an action that has greatly prejudiced her rights as she cannot work and earn with a suit hanging over her head.
“…on July 21, , Dr Nyanzi sought court to either dismiss her case or order the state to produce its witnesses so that the criminal proceeding against her may proceed other than infringing on her right to a fair and speedy trial,”Mr Ssemakadde said.
Mr Ssemakadde explained that as defence lawyers they disclosed to court the inconveniences Dr Nyanzi is going through as a public officer due to the excessive delay in hearing her case since she was suspended from the University.
He asserted that his client suffers unlimited travel restrictions and unlimited restrictions on her political activities as she is unaware of court interpretation of whether her use of social media is lawful. All this a result of the DPP’s failure to provide his remarks.
In reply, the state prosecutor, Ms Nelly Asiku, informed court that there was no reply from the DPP because his duties were antagonized for some time by the prolonged prosecutors strike over government’s failure to fulfil its promises by raising their pay as promised.
“Your worship, the DPP did not intend to delay, there was an industrial action. We apologize for the inconveniences the accused is going through and seek for another date when we shall present the Dpp’s remarks,” Ms Asiku submitted.
Court adjourn the matter to February 20 for mention.
Charges
Dr Nyanzi is facing charges of cybercrime and offensive communication for allegedly referring to President Museveni as a “pair of buttocks” on her Facebook page.
Last year, the same court halted the government attempt to take Dr Nyanzi for a mental examination until her petition challenging the decision has been disposed of in the Constitutional Court.
Mr Ereemya held that the proceedings under the Mental Treatment Act 1938 are stayed pending the determination of Application No.18 of 2017 the accused filed in the Constitutional Court.
