Makerere university researcher Dr Stella Nyanzi has been sent back to Luzira by Buganda Road magistrate court pending application for revision of her case filed in the high court.
The court magistrate James Eremye Mawanda sent Dr Stella Nyanzi back to Luzira basing on the application of her defence team.
Nicholas Opiyo, one of Dr Stella’s lawyers told court that the case “be adjourned pending determination of our application for revision in high court.”
Mr Opiyo also told court that the defence team hoped the high court application would be heard before today which hasn’t happened. But high court has set Wednesday April 25th as the hearing date.
The high court application is protesting state application that Dr Stella be subjected to mental test and Buganda Road court magistrate failure to hear bail application during the last court session two weeks ago.
Dr Stella is charged with two counts including cyber harassment contrary to section 24 (1)(2)(a) of the Computer misuse Act 2011 and offensive communication contrary to section 25 of the Computer Misuse Act 2011. She refused to take plea of the charges.
Prior to her arrest early this month, Dr Stella had been writing vulgar and erotic blogs on her Facebook account criticizing President Museveni and her wife Janet Museveni for failure to provide sanitary pads to school going girls as promised during last year’s presidential campaign.
During the April 10th, court session at Buganda Road, Dr Stella’s lawyers were caught unaware when state prosecutor Mr Jonathan Muwaganya filed an application asking court to order examination of Dr Stella’s mental health.
The application filed basing on the affidavit of one of the police officers who have been investigating Dr Stella’s case SP Mboniva Emmanuel in reference to mental treatment act of 1938.
Responding to the application, Mr Nicholas Opio said argued that the state’s application was brought in bad faith and with utmost act of ambush to deny 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 defence team received a copy of the application after arriving at the court.
During today’s court session, the defence team did not present a detailed response in regard to the state’s mental health application because the matter will be heard in the high court tomorrow.