Stella Nyanzi witness declines to testify

CYBER HARASSMENT  COURT

KAMPALA - In a twist of events, one of the 19 defence witnesses in the trial of former Makerere University researcher Dr Stella Nyanzi has declined to testify, saying he does not know the particulars of the case.

On Tuesday, Bernabus Mustapha Mugisa, a private certified hacking forensic investigator appeared before Buganda Road Chief Magistrate's Court following witness summons requiring him to testify in the matter but in vain.

Nyanzi who has been on remand since November 2018 is charged with two counts of cyber harassment and offensive communication against President Yoweri Museveni.

Immediately after he took an oath, Mugisa said, "Your honour, before we proceed, I would like the court to give me substantial reasons why I am the right person to testify in this matter because I don't understand the facts of the case and neither the particulars of the offence."

Mugisa, a change agent and motivational speaker explained that he does not know Nyanzi and that it was his first time to even see her lawyers Isaac Ssemakadde and Derrick Bazekuketa.

"It is the first time I am meeting counsels of the accused and yet in their professional work, they have to always provide witnesses based on factual findings in court," Mugisha said.

Mugisa, 39, also denied being an expert in cyber and computer-related crimes.

Ssemakadde also the lead defence counsel told the court that Mugisa has similar qualifications to those of the first prosecution witness Bill Ndyamuhaki and they wanted him to act as a mirror to his testimony.

"We only wanted his view on the alleged poem and exhibits which were already in court. The witness should be reminded that his constitutional duties are above individualism and he, therefore, has no sufficient excuse to abscond from testifying in court. So his application should be rejected," Ssemakadde submitted.

This prompted the trial magistrate Gladys Kamasanyu to order Nyanzi to produce witnesses that are ready for trial.

"It is unfair for the defence not to brief the witness on what he has to do in court and I find an adjournment necessary for the witness to get prepared," Kamasanyu ruled.

She adjourned the case until July 10, 2019, for further defence hearing.

The charge

Prosecution alleges that on September 16, 2018, Nyanzi posted on her Facebook page indecent words against the president and his late mother Esteeri Kokundeka.

According to the state, the said posts were intended to disturb their peace and right to privacy.

On April 10, 2017, Nyanzi was also charged in the same court with the same offences but her trial never kicked off.

The law

Under the law, 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.

 In regard to 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 cyberstalking and is liable to a fine or imprisonment term not exceeding five years or both.