Amerit noted that besides the defense trying to play delaying tactics so as to prolong the trial; it is alien in legal practice to advertise for witnesses. He said the defense request only shows that the accused doesn’t have witnesses and wants to go fishing.
Dr.Stella Nyanzi in Buganda Road Court
Dr. Stella Nyanzi has asked court through her
lawyers, Isaac Ssemakadde and Derrick Bazekuketta to adjourn her case for a
month to allow her find witnesses willing to testify on her behalf.
Bazekuketta made the request while presenting
his submission before the Buganda Road Grade One Magistrate, Gladys Kamasanyu.
He argued that since court has refused to
compel the 20 witnesses the defense mentioned to court, the accused needed a
month to publish a notice in a newspaper of wide circulation and other media
inviting willing witnesses.
He said the defense team will name willing witnesses within two weeks’
time. However, the prosecution team led by Timothy
Amerit and Janet Kitimbo objected to the defense request for a month’s time to
invite willing witnesses through news media.
Amerit noted that besides the defense trying to
play delaying tactics so as to prolong the trial; it is alien in legal practice
to advertise for witnesses. He said the defense request only shows that
the accused doesn’t have witnesses and wants to go fishing.
Prosecution prayed defense closes its case with
final submissions or else court delivers it judgment. Amerit noted prosecution sees
no justification for the adjournment given the reasons advanced by the defense,
saying it will only bring disrepute to the court.
However, in its response, the defense team led by Isaac Ssemakadde, said it be would unfair for court to compel defense to close its case. He
observed that whereas the prosecution had eight months to conduct
investigations and the hearings, court gave the defense team two days on July
3rd, 2019 to summon 20 witnesses and make submissions amidst the scarce
resources, which makes it unfair.
Dr. Nyanzi had mentioned
20witnesses and asked court to summon them to give expert opinion in her case. However,
none of the witnesses showed up prompting Nyanzi to ask court through her
lawyers to issue arrest warrants, a request that was rejected.
The Buganda Road Grade One Magistrate, Gladys Kamasanyu noted that the defense didn’t give court
substantial reasons to compel the witnesses to appear. She noted that the
witnesses are expected to be willing and known to the accused.
The defense also noted that although placing adverts in the
papers to invite witnesses is unheard of, Nyanzi’s case would be the first. Kamasanya adjourned the matter to July 15th, 2019 to
give her ruling.
Dr. Stella Nyanzi, a former research fellow at
Makerere University, is charged with offensive communication and harassment of Yoweri
Kaguta Museveni, the president of Uganda and his mother, the late Esteri.
reported committed offense through a loutish birthday poem she posted on her
Facebook on September 16th, 2019. She was arrested on November 2nd, 2018 and
has since been on remand in Luzira prison.