Dr Stella Nyanzi speaks to supporters and journalists at International
War Crimes Division of the High Court in Kololo, Kampala shortly after
the judged ordered for her release on February 20, 2020. PHOTO |
ABUBAKER LUBOWA | NATION MEDIA GROUP
Dr Stella Nyanzi collapsed at the International War Crimes
Division of the High Court in Kampala, Uganda, on Thursday minutes after
the judge ordered for her release from Luzira Prison where she has been
for months.
Dr Nyanzi was last year convicted and sentenced to 18 months for harassing President Yoweri Museveni.
However, she appealed against the conviction and sentence, citing unfairness and that the trial court erred in law.
On Thursday, Justice Henry Peter Adonyo who heard her appeal ordered for her “immediate release” from prison.
The
judge noted that Buganda Road trial magistrate, Gladys Kamasanyu, had
no jurisdiction to convict Dr Nyanzi of cyber harassment.
In addition, Justice Adonyo said no evidence was adduced by the prosecution showing the location -- of the device -- where the offence was committed; either in Uganda or out of the country.
In addition, Justice Adonyo said no evidence was adduced by the prosecution showing the location -- of the device -- where the offence was committed; either in Uganda or out of the country.
“Prosecution
did not as well ascertain the kind of device which was used to send as
the digital prints were not presented before Buganda Road,” the judge
observed.
The court also observed that Dr Nyanzi and her lawyers were not
allowed enough time to prepare their defence thus amounting to
unfairness.
The first prosecution witness did not
provide a forensic report on his findings indicating which mobile data
was used, after he asserted that Dr Nyanzi might have used a phone.
The
judge also said that in criminal offences, it is the duty of court to
ensure that defense witnesses appear by providing the defendant the
favourable avenues like issuing arrest warrants for defence witnesses
who are not compliant. The magistrate did not do this.
The
judge’s orders forced the fully packed court to explode in excitement
as Dr Nyanzi’s supporters, friends and relatives jostled to congratulate
her.
She collapsed as she was being assisted to go sign her release papers.
Prison warders were later seen carrying her to a waiting prison car registration number UG 0172U.
Dr
Nyanzi was in August 2019 handed an 18-month prison sentence for
publishing a verse that Magistrate Kamasanyu said should never have been
put in the public domain, describing it as "obscene" and "indecent"
including suggestions which "could only be made by an immoral person."
Dr Nyanzi has already served nine months in Luzira Women's Prison.
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