Buganda Road Court’s Chief Magistrate James Mawanda Eremye has set 20th June 2017 to rule on whether or not to cancel Dr Stella Nyanzi’s bail as requested by Resident State Attorney Jonathan Muwaganya.
Muwagangya claims Nyanzi has contravened some of the bail conditions she was given.
In the reply to this application however, visit the defense counsels led by Peter Walubiri argued that Nyanzi didn’t insult the state attorney but was only expressing concerns about how he appeared unprepared in court.
“During that session the state prosecutor who is a public servant paid by tax payers’ money appeared in court not ready to proceed with the hearing, which appeared to be negligence and one of the causes of case back log,” they argued.
Walubiri added that Criticism is part of democratic culture which was cleared by the Supreme Court in the Supreme Court appeal of Charles Onyango Obbo Vs the Attorney General.
“If the prosecutor feels that he was abused, he should abandon the case and a separate file is opened up…He is free to file a civil defamatory suit with a supportive affidavit”
In his defense, Muwaganya said he filed the application as an officer of court to protect court’s normal operations which were being violated.
“I have to protect court from external influence by ensuring that merits of the case are not discussed. I was not attacked as a person but the attack was on an officer of court”
He added, Iif serious action is not taken on Dr Nyanzi it will be a bad precedent which will open ways for unwarranted attacks on court which will not be good” added Muwaganya
The magistrate adjourned the matter to Tuesday next week when he will deliver his ruling on the matter.
Stella Nyanzi is facing cyber harassment charges in which she is accused of making Facebook posts abusing President Yoweri Museveni