Hearing the case against Dr. Stella Nyanzi failed to kick off after lawyer Isaac Ssemakadde objected to charges of insulting President Yoweri Museveni and his mother Esteri Kokundeka saying the prosecution didn’t follow the law in filing the charges hence seeking court orders for it to be dismissed.
Though prosecution led by Kitimbo Janat was ready with witnesses to testify against the Makerere don who was appearing before Buganda road magistrate Gladys Kamasanyu, witnesses had to be halted to allow for hearing of the preliminary application.
In his submissions, Ssemakadde argues that the charge sheet in its current form is invalid because prosecution breached the rule of duplicity calling for dismissal of the charges and acquittal of the accused.
Ssemakade argues that state combined words such as obscene, lude or indecent, which could independently constitute separate offences under the computer misuse act in one case rather than explain in detail particulars of the offense they charged his client with.
He suggests state combined separate offenses that are not synonymous and carry distinct meaning in law without being cognizant of the unfairness it accords his client and himself in developing a proper defense.
He also argued that charges were filed vaguely with key ingredients missing out from the charge sheet brought against his client which is contrary to the Magistrates’ Courts Act. Semakadde says the particulars in the charge sheet don’t disclose any facts and hence have no legal threshold.
State is also accused of being defective in the charge sheet adding that there is no clarity on what exactly state has an issue with on whether it’s the post she made on the 16th September as a whole or just the excerpts that were extracted and included in the charge sheet which h argues were taken out of context since greater part of the post are not included in the charge sheet.
The lawyer says state should be clear because witnesses shouldn’t come to come testify in relation to other aspects of the post that were not included in the charge sheet.
Nyanzi’s lawyer is also disturbed that the prosecution doesn’t describe in particular how the post in contest caused disruption to the peace, quiet and right to privacy of the president.
Prosecution is being accused of being evasive on what the post was intended for and doesn’t answer whether the purpose of the general post was of legitimate intention or not.
State represented by Kitimbo Janat was unable to respond to the objection asking an adjournment which was granted until 10th January 2019.
Dr Stella Nyanzi is was charged with offensive communication and cyber harassment over statements she made on her social media face book page on the 16th September 2018 which were deemed offensive to the person of the president and his late mother.
First in the witness stand was city lawyer Dalton Opwonya, police officers including the arresting and investigating officers of police who will only return to court for testimony after court listens to the prosecution response and gives its ruling.
