Why Nyanzi cannot apply for bail

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Having realised her mess, Nyanzi, 48, did not bother to apply for bail but to remain behind bars until her trial ends.

Dr. Stella Nyanzi (file picture)

CRIME

KAMPALA – On November 7, 2018, Dr. Stella Nyanzi, the embattled Makerere University researcher, was arraigned before Buganda Road Chief Magistrate’s Court and charged with two counts of Cyber Harassment and Offensive Communication.

This was the second time she was being charged with similar offences in regard to indecent communication against President Yoweri Museveni.

According to the prosecution, Nyanzi used her Facebook account to make posts intended to disturb the peace and right to privacy of thePresident.

It should be noted that on April, 10, 2017, Nyanzi was also charged in the same court with two counts of cyber harassment and offensive communication under Section 24 and 25 of the Computer Misuse Act, 2011.

While granting her bail in 2017, then-court Chief Magistrate James Ereemye Mawanda ordered her to desist from similar acts until determination of her case.

However, Nyanzi who learnt and forgot nothing, went ahead and violated the court directive and found herself at the crossroad, which left her with no option but to bear with the consequence of her actions.

Having realised her mess, Nyanzi, 48, did not bother to apply for bail but to remain behind bars until her trial ends.

On Monday, Nyanzi who came to court expecting her trial to kick off, was left upset after she was told that the trial Magistrate Gladys Kamasanyu was indisposed.

Nyanzi will now be produced back in court on December 19.

How Nyanzi can regain freedom

Nyanzi can only regain her freedom if the Director of Public Prosecutions (DPP) fails to produce witnesses in court for a long time or on acquittal.

The law

On offensive communication, any person who willfully and repeatedly uses electronic communication to disturb or attempts to disturb the peace or right of privacy of any person with no purpose of legitimate communication is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both.

While with cyber harassment, a person who willfully, maliciously and repeatedly uses electronic communication to harass another person, and makes a threat with the intent to place that person in reasonable fear for his or her safety, or to a member of that person’s immediate family commits the crime of cyber stalking, and is liable on conviction to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years, or both.

NewVision.co.ug

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