The High court -criminal division has ordered Buganda Road court to forward the case file in respect to the jailed Makerere University research fellow Dr. Stella Nyanzi before a Judge for purposes of revision.
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.
This follows a letter dated 12th/April 2017 written by the deputy Registrar in-charge of Criminal matters Emmanuel Baguma and addressed to the presiding chief magistrate James Eremye directing that a copy of Dr. Nyanzi’s charge sheet and a certified copy of typed proceedings be forwarded to the High court.
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.
On the 10th/April 2017, magistrate Eremye remanded Dr. Stellar Nyanzi to Luzira women’s prison until the 25th/April 2017.
She faces two counts of Cyber Harassment and Offensive Communication contrary to the Computer Misuse Act 2011.