Rosemary Namubiru seeks to have her sentence and conviction set aside or reduced.
The hearing of an appeal in which HIV-nurse, Rosemary Namubiru who is serving 3 years in prison for injecting a 2 year old baby with HIV tainted cannula needle has been postponed to September 25.
This was after the defence lawyer Ladislaus Rwakafuzi served both the state and the judge a memorandum of appeal yesterday evening, a day to the hearing.
“I also received the notice of appeal from my secretary Monday evening,” Rugadya said. Namubiru was convicted and sentenced to 3 years in prison on May 19, 2014.
She is seeking court orders for her sentence and conviction be set aside, be discharged and in the alternative reduce the sentence.
State prosecutor Peace Biira told court presided over by Justice Albert Rugadya Atwooki that she did not have humble time to study the appeal and the judgment since it was delivered to her late.
She asked court to adjourn the matter in order to allow prosecution to prepare its arguments concerning the matter.
This prompted Rugadya to adjourn the matter to September 25, for the hearing the appeal and bail application.
Rwakafuzi said that by the time they commenced the appeal, they had not yet received the proceedings and judgment. He also apologized to the judge for having delivered the appeal late.
The nurse had filed a notice of appeal to the High Court of Uganda against her sentence by which she was convicted of doing a negligent act likely to spread infectious disease.
In her appeal, Namubiru said the learned magistrate; Olive Kazaarwe Mukwaya erred in law and fact when she failed to properly evaluate the evidence on record thus occasioning a miscarriage of justice.
She also accused the magistrate for convicting her on duplex charge.
She said the learned magistrate failed to consider the grave inconsistencies in the prosecution’s case and shifted the burden of proof to her.
Namubiru also said the learned magistrate imposed a sentence that was disproportionate to the facts and circumstances of the case.
HIV-Nurse appeal postponed