Lawyer Nicholas Opiyo asked for an adjournment of the case pending
determination of their application seeking to block a planned
psychiatric examination against Dr Stella Nyanzi. The mental
examinations were sought by the state during Nyanzi's maiden appearance
before the magistrate's court early this month.
Nyanzi is charged with two counts of cyber harassment and offensive
communication contrary to provisions of the Computer Misuse Act. Nyanzi
was also charged with using the internet to disturb the peace and right
to privacy of the president.
Prosecution alleges that Stella Nyanzi used her social media pages to
refer to President Yoweri Museveni as "a pair of buttocks." She denied
the charges but told court that she always writes 'metaphorically' to
deliver messages to 'those in power'.
In reference to her vulgar and erotic posts, prosecutor Jonathan
Muwaganya filed an application on April 10, asking court to order that
Nyanzi is subjected to a psychiatric examination. Muwaganya told court
that Nyanzi has a history of erratic psychiatric disorder and was once a
patient at Butabika Hospital. The application was based on the
affidavit by SP Mboniva Emmanuel, one of the police officers
investigating Nyanzi's case.
But her lawyers rushed to the High Court to challenge the request
saying that the state wants to use the mental test to declare Nyanzi an
idiot and send her to a mental health facility. Lawyer Opiyo told court
that the defense team hoped the high court application would be heard
before today's appearance. However, High Court has set tomorrow as the hearing date for the application.
Opiyo said that the state's application was brought in bad faith and
with utmost act of ambush to deny them an appropriate response. He said
they need time to respond to all arguments raised by the state in its
application for mental health examination. He also argued that the
defense team received a copy of the application after arriving at the
court.
Presiding Magistrate James Eremye said Nyanzi was sent back to Luzira on the request of her defense team. Source: Daily Monitor
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