Hearing of the application in which Makerere University Researcher Dr.Stella Nyanzi is seeking a stay of the state’s request to have her head checked and compulsorily treated, has kicked off at Buganda Road Court.
However before it could proceed, Resident State Attorney Jonathan Muwaganya implored the court presided over by Chief Magistrate James Ereemye Mawanda to first cancel Dr. Stella Nyanzi’s bail, and send her back to Luzira prison for what they argued, was defying the subjudice rule that bars her from commenting on the matter that is still in court and attacking the court plus officers in this case.
Muwaganya read to court some of the posts allegedly written by Stella Nyanzi on her facebook page, attacking him for coming to court unprepared yet he draws a salary to defend govenment, has a diary that reminds him of what case is coming up, and the fact that its the reason why he went to law school, among other utterances.
Magistrate Eremye said he had noted Muwaganya’s concerns and promised to look into them after pronouncing himself on whether the issue of ascertaining Dr.Stella Nyanzi’s mental status, should be refferred to the Constitutional Court.
This is because Dr.Nyanzi’s criminal trial proceedings under which she was granted bail can continue in the Magistrate court, as Dr. Stella persues her Constitutional petition against the Attorney General over the legality of the provisions of the Mental Treatment Act.
Dr.Stella Nyanzi through her lawyer Peter Walubiru argues that if she is subjected to compulsory mental treatment as the State wants, then the very escence of her pending petition which is intended to stop this process will be rendered useless.