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Magistrate refuses to summon Museveni over Nyanzi

FILE PHOTO: Dr. Stella Nyanzi in court.

Kampala, Uganda | THE INDEPENDENT | Buganda Road Court Magistrate, Gladys Kamasanyu has declined to summon President, Yoweri Museveni as one of the witnesses in the trail of Dr. Stella Nyanzi.

Dr Stella Nyanzi’s legal team had asked court to summon, President Museveni as one of the witnesses in the Stella Nyanzi cyber harassment and offensive communication trial.

Kamasanyu says while the President is a competent witness, court cannot issue a summon compelling him to appear before it.  She said she would be acting in breach of the constitution if she accepted the defense application.

Kasamunyu however accepted to summon other witnesses lined up by the Dr. Stella Nyanzi’s defense team. On June 26th, 2019 Dr. Stella Nyanzi through her defense lawyers presented a list of sixteen witnesses to be presented in court to be summoned for witness in her defense.

They include, Prof Sylvia Tamale, Dr. Susan Kiguli, Criminal Investigations Director (CID) Grace Akullo, and Dr. Ronald Kakungulu Mayambala. Others are ; Frank Kitumba, Mustapha Mugisha, Dr. Sylvester Kahyana, Dr. James Ociti, Dr. Susan Kiguli, and Professor. Abas Kiyimba. the coordinator of gender, law and sexuality at Makerere University, Prof. Fredrick Jjuuko, Allan Tacca, Solome Nakaweesi, Bishop Zac David Niringiye, Father  Gaetano Batanyenda and Mildred Apenyo, a daughter of city lawyer Charles Dalton Opwonya.

The defense lawyers had earlier protested delays in court, saying it is denying their client justice. The lawyers led by, Isaac Semakadde questioned the trial Magistrate, Gladys Kamasanyu for not turning up in court as scheduled.

Dr. Stella Nyanzi’s and her lawyers had waited at Buganda Road Court from 9:00 AM but  it kickoff later in the afternoon. The seemingly angered lawyers led by Isaac Semakadde rose up and questioned the magistrate why they had not been notified about the change in schedule.

They also protested against the magistrate’s decision to have juveniles out of court saying she seemingly prejudging their client. The magistrate apologized for not turning up in court at 9:00 AM as earlier scheduled.

She explained that  the courtroom at which Nyanzi was to appear had been occupied for the video conferencing with  suspects at  Luzira prison. The lawyers also protested against the magistrate’s order to expel all juveniles from the court before the commencement of the defense submissions.

The magistrate  defended her decision to have juveniles out of court, saying it was meant to protect them from loutish content.

It was expected that loutish content would again come up in court as it has been in the past when prosecution made submissions to pin Dr. Stella Nyanzi.

Dr Stella Nyanzi is being prosecuted on two charges of cyber harassment and offensive communication through an alleged loutish poem she posted on her facebook page on the September, 16th, 2018 with intent to disturb the peace and privacy of President, Yoweri Kaguta Museveni and his mother the late Esteeri.

Stella Nyanzi has been on remand in Luzira prison since November 2018 .

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