By Kabuye Ronald
High court judge Elizabeth Kabanda has concurred with the Buganda Road chief magistrate James Eremye Mawanda that the application filed by the state prosecutor seeking to check the mental status of Dr. Stella Nyanzi must be first disposed off before she can apply for bail.
It’s on that ground the learned judge deferred her back to the magistrate court where she will have to apply for bail after the determination on whether to check her mental status or not thus further remanding the Makerere University research doctor Stella Nyanzi to luzira prison until the 10th of May when she will appear in the lower court.
Earlier in the day Nyanzi’ lawyers led by Nicholas Opio told journalists after their submission to Justice Elizabeth Kabanda in her chambers where journalists and members of the public were denied access, that using the Mental and Treatment Act by the state prosecutors against their client was illegal because the act is not applicable.
“we made the argument on two things first that the proceedings before magistrates court in respect with the mental treatment act was irregular, unlawful and we asked the high Court to quash that proceedings in its entirety. Said Opio
” Secondly the refusal by the trial magistrate in the lower court having taken plea from the accused person to explain to the accused person the right to apply for bail but also to refuse her lawyers to apply for her boil until the application under MTA is concluded was it’s self a violation of rights of the accused person and the state agrees with us that in the ordinary cause of crime case trial after a plea taking the accused person must be accorded right for bail” Opio added
When asked the sureties presented to the judge, Opio said that justice Kabanda stopped them from submitting the sureties until she decides on whether or not to grant bail in the revision application though they have eminent person to stand surety for her.
Nyanzi 42years and a resident of Kyanja in Kisasi Kawempe division is facing two counts of 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 sugestions and proposals referring to his Execellecy president M7 that he is a pair of buttocks.
It further alleges that Nyanzi willifully and repeatedly using electronic communication posted offensive messages via Facebook with an intention of disturbing peace and the privacy of president M7