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NO BAIL: State asks court to order mental check on Dr. Nyanzi

Dr Nyanzi at her office. PHOTO FROM Kampala Express -Facebook

Court has declined to hear Dr.Stella Nyanzi’s bail application until after disposing the state’s application demanding a mental check of the academic. Dr. Nyanzi has been remanded to April 25.

Buganda Road Court Chief Magistrate James Eremye on Monday ruled that Dr.Nyanzi goes ahead to answer to the charges against her, before the state application to have her head checked is considered.

Eremye said that once a suspect is brought before any court of law, it is presumed he or she is innocent unless the court observes otherwise in the way an accused responds to the allegation.

Eremye also granted the defence adequate time to respond to Prosecutions application on whether to have Dr. Nyanzi head checked.

Dr. Nyanzi has subsequently been charged and pleaded not guilty to the two counts of cyber harassment and offesnive communication.

She has now been remanded to Luzira Prison until April 25 when court will hear her response to the state application as well as hear her bail application.

She is not sane – Prosecution

Prosecution handling the computer misuse case against Dr.Nyanzi earlier asked Buganda Road Court Chief Magistrate Eremye to order that she be taken for mental checkup before she can plead to the charges. She however eventually took plea, pleading not guilty.

Resident State Attorney Jonathan Muwaganya had based his application on an affidavit sworn by ASP Emmanuel Mbonimpa who observed her conduct and behavior coupled with he history of undressing, and saw it fit to first have her mental status ascertained

However Defence lawyers led by Nicholas Opio objected to the state application citing what they called an “ambush” and that it would require them two weeks to seek instruction from the accused to respond because they were not served.

Nyanzi, 42, years and a resident of Kyanja in Kisasi Kawempe division, is facing two counts, cyber harassment and offesnive communication.

Prosecution States that between January and March 2017 at  Kampala district,  Nyanzi while having no legitimate purpose of communication posted on her facebook page suggestions  and proposals referring to his Execellecy President Museveni  that he is a pair of buttocks.

If further alleged that Nyanzi  willfully and repeatedly using electronic communication posted offensive messages via Facebook with an intention of disturbing peace and the privacy of President Yoweri Museveni.

Computer Misuse Act by The Independent Magazine on Scribd

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