The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The High Court has dismissed an application filed by Stella Nyanzi challenging the closure of her defence without an opportunity to summon defence witnesses through the public media.
The matter is in relation to a loutish birthday poem, targeted at the President’s late mother Esteeri Kokundeka, which was posted on Stella Nyanzi’s social media pages on September 16, 2018, a day after President Museveni’s 74th birthday.
The prosecution alleges that Nyanzi used a computer to post statements crafted in vulgarity wishing that Museveni should had died at the time of his birth and that she willfully and repeatedly used electronic communication to post similar messages which disturbed the peace, quiet or right of privacy of President Museveni.
Delivering her ruling on Wednesday, High Court Criminal Division Judge Jane Frances Abodo dismissed the application on grounds that she did not find the nine grounds of the review application justifiable.
She emphasized that the lower court was not in any way irregular in all its proceedings.
Abodo further noted that the lower court provided sufficient facilities to the accused for her defence through the summons made.
She explained that the evidence on record indicates that Center for Legal Aid Clerk Henry Lubanga serviced the summons which is procedurally correct because he is a qualified officer of court with certificate issued by High Court.
Justice Abodo also noted that Nyanzi failed to give sound reasons why arrest warrants should be issued to the summoned witnesses.
According to Abodo, this implies that Magistrate Kamasanyu was right when she declined to issue arrest warrants and advised defence to contact witnesses known to her.
Among many other reasons, Abodo has also ruled that the bias allegations earlier raised against Magistrate Kamasanyu are also not justifiable.
Abodo directed that the case file be sent back to the magistrate for a ruling on Thursday.
However, Nyanzi’s lawyer Isaac Semakadde has told journalists that they are happy with the ruling since to it exposes lack of judicial independence in the country.
*****
URN
