Buganda Road Court chief magistrate James Mawanda Eremye has declined to cancel Dr Stella Nyanzi’s bail as requested by the state.
The magistrate today also stayed the hearing of the matter in which the state wanted Nyanzi mental status examined, look until the application she filed against this in the Constitutional Court is disposed of.
The magistrate ruled in favor of Nyanzi’s lawyers led by Peter Walubiri, website like this who never opposed Nyanzi’s trial on criminal charges, generic but only asked to stay the proceedings under the Mental Treatment Act (1938), which she challenged under Constitutional petition 18 of 2017 and it is pending determination.
The magistrate on the other hand, dismissed the application filed by Jonathan Muwaganya, the Resident State Attorney of Buganda Road Court, seeking cancellation of Nyanzi’s bail over sub-judice, saying that the contents of Nyanzi’s Facebook post didn’t contain any merit of the case before him as alleged.
In his submission, the prosecutor had raised concerns about Nyanzi’s Facebook post concerning the conduct of the prosecution in court.
The post stated in part that, the idea that the State Prosecutor could stand up in court and boldly state before a magistrate that documents provided to them “disappeared”… was evidence of incompetence.
This post, according to State, was in violation of the subjudice rule or contempt of court, which contravened the bail terms.
But the magistrate ruled, “All that is clear in the post are applicant misgivings and expression of dissatisfaction about the manner that public officer (s) conduct themselves at the expense of those whom they are supposed to serve. That’s all.”
However the magistrate pointed out that the applicant in the post used hard language.
After the ruling, a joyous Dr Nyanzi expressed gratitude to the judiciary and the magistrate, who he termed as one in a million.
Nyanzi has further revealed that she is now regaining trust in Uganda’s judiciary which she had lost in the past