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Magistrate refuses to summon Museveni in Stella Nyanzi trial

Dr Stella Nyanzi in court earlier

Dr Stella Nyanzi in court earlier

Buganda Road court magistrate, Gladys Kamasanyu has declined to summon President Yoweri Museveni as one of the witnesses in the trail of Makerere University researcher, Dr Stella Nyanzi.

Nyanzi's legal team had asked court to summon Museveni as one of the witnesses in the cyber harassment and offensive communication trial. Nyanzi is accused of publishing an loutish poem on her Facebook page on the September 16, 2018 with intent to disturb the peace and privacy of President Museveni and his mother the late Esteri Kokundeka.

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's application.  

Kasamunyu however accepted to summon other witnesses lined up by the Nyanzi’s defense team. On June 26, 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 Prof Abas Kiyimba the coordinator of gender, law and sexuality at Makerere University. Other are 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 against the 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.

Nyanzi and her lawyers had waited at Buganda Road court from 9:00am but the court session didn't kick off until after midday. The seemingly angered lawyers led by 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 is seemingly prejudging their client. The magistrate apologized for not turning up in court at 9:00am as earlier scheduled. 

She explained that the courtroom at which Nyanzi was to appear had been occupied for the video conferencing with suspects in Luzira prison. 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 Nyanzi who is being prosecuted on two charges of cyber harassment and offensive communication. 

Nyanzi has been on remand in Luzira prison since November 2018 after declining to apply for bail. 

Comments

+2 #1 Akot 2019-07-02 20:08
[Magistrate refuses to summon Museveni in Stella Nyanzi trial]

Really! If god Museveni is no part of this inhuman court action against Dr Nyanzi, then, why is sister Dr Nyanzi still locked up?

Why do those handling so called justice, term this ongoing senseless inhuman trial against our sister, 'justice' & justice for who?

Ugandans handling justice detain, try, imprison their own innocent, thus ensure Ugandans are slaves without a say; what justice is this?

How pathetic court, parliament, tribal leaders, elites are, just entertained by sufferings of their own, while they enjoy life & pray Museveni goes on ensuring their perfect living!

And what do poor left behind Ugandans doing?

Every section of Uganda society wait for migrant Museveni to give green light to speak, yet non do so but ALL look up to Museveni for salvation!...
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+1 #2 Akot 2019-07-02 20:18
...How can these robots handling non existent justice, continue torturing/humiliating Dr Nyanzi, just to please god Museveni & aren't ashamed to call what they are doing 'justice'?

If this is justice for Museveni, then do Ugandan tribal leaders, elites, the poor...agree with it & why?

What's going on in court is open terrorism, suppression, of not only innocent Dr Nyanzi & all Ugandans who want to live FREELY in their country!

Why are Ugandans used by demon conqueror Museveni, to terrorise their own legally, officially constitutionally...so that demon Museveni suffocates them for life?

How will Ugandans look at one another in the eyes when god Museveni will be no more or will Ugandans die with him?

What will tribal leaders standing down & UNITY that will leave migrant Museveni landless, cost Ugandans?

How can Ugandans watch Museveni eliminate them 1 by 1 & help him do so?
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0 #3 Akot 2019-07-02 20:36
The only humane thing, the only justice, the only professionalism court is left with is to 'throw out this senseless court proceeding against Dr Nyanzi, apoligyse to her!

In the absence of rendering this trial meaningless, inhuman, oppression of the innocent,silencing cry of the people & should never have been taken up by court, court terrorising Dr Nyanzi/Ugandans to silence them to let god Museveni enslave our people for life, is worse than the demon dictator!

So, is court going to continue terrorising, silencing Ugandans to let Museveni rule for life?
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+1 #4 kabayekka 2019-07-02 21:00
How then can President Museveni get true justice if he lodges a legitimate case in the courts of law and is incapacitated not to appear in the chamber.

There is video conferencing these days in the courts of law in Uganda. If the President is embarrassed to attend court for a case that he has lodged, it is common sense for the lord of the court to cut short this case.

Such shyness is understandable because the President is on record to have abused a number of citizens of this country, and they have declined to take him to the courts of law!
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+1 #5 Lysol 2019-07-02 21:35
There is no case here. The cadre judge is just trying to please her master. Dismiss this case a leave Stella alone!

The regime should find a better strategy to acquit this lady. A complete waste of taxpayers for cheap politics. Att the end of all these, the corrupt regime will be the loser.
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-2 #6 Wainainchi 2019-07-03 03:48
Some Ugandans are so stupid and narrow minded,!

What relevance had the sitting president with one mentally sick and deranged person who has been throwing insults and mudslifing the president What can he tell the Court more than we read in Uganda media Deranged Stella Nyanzi is sick and should be put into isolation until she is healed if she can be healed at all.

Stupid and deranged bitch and cow.!!
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+1 #7 rubangakene 2019-07-03 19:17
Why does this paper allow "WANAINCHI" to us such rude outburst in their paper? Couldn't this be "moderated" and still carry the same "venom"?

It really degrades the standard of this august paper. Meanwhile, in the case of the President refusal/unavailability to attend the court, his complaints and/or can be communicated through his lawyers as and when required.

I assume the constitution of Uganda enables such "prayers". Nevertheless, I still reiterate that Stella needs some form of human support, pray!
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