The High court yesterday dismissed Stella Nyanzi’s application seeking to arrest today’s judgment against her in the case in which she is accused of offending the person of the president through a Facebook post.
High court judge Jane Francis Abodo has hence remitted the file back to Buganda Road Chief magistrates’ court for judgment.
In her ruling, Abodo noted that Stella Nyanzi’s application failed because there was no proof of bias occasioned against her by the trial magistrate nor any sort of unfairness threatening miscarriage of justice.
Out-ruling most of the grounds of the application and finding that most of the contested decisions were in law, says there is proof that Dr. Stella Nyanzi and her lawyer Isaac Ssemakadde were granted enough time through seven adjournments to prepare and present their defense witnesses but failed.
“Yet even the one they got was never prepared on what his role should be in the case.”
The judge said the defense lawyer instead on various occasions avoided his mandate of properly representing his client and at the ninth hour wanted to fault the trial magistrate.
For example, she noted by asking that the trial magistrate accord him more time to find voluntary witnesses by applying in a newspaper, the defense lawyer was at the very lowest level playing a game of justice.
Grade One Magistrate Gladys Kamasanyu will now be expected to give her judgment on Thursday 1st of July 2019.
The Makerere Research don was remanded to Luzira Prison after being charged with cyber harassment and offensive communication when she posted on her facebook wall statements that were deemed annoying to the person of the president and his mother Esteri Kokundeka.
She also refused to exercise her right to bail pending conclusion of the trial.
