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Tuesday,October 15,2019 03:13 AM

Nyanzi’s appeal slated for September 25

By Douglas Mubiru

Added 19th September 2019 07:50 AM

Nyanzi, a former Makerere University Research fellow, was in August sentenced to 18 months in jail for cyber harassment but acquitted of offensive communication.

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Stella Nyanzi in the dock (File photo)

Nyanzi, a former Makerere University Research fellow, was in August sentenced to 18 months in jail for cyber harassment but acquitted of offensive communication.

COURT  CYBER HARASSMENT

The High Court in Kampala has set September 25, 2019, to begin the hearing of Dr. Stella Nyanzi appeal against her conviction and sentence over cyber harassment.

The deputy registrar criminal division, Mary Ikit notified the appellant and the Director of Public Prosecutions (DPP). "Take notice that this appeal is fixed for mention on September 25, 2019, if no appearance is made on your behalf, by yourself or your pleader, to act for you, the case will be heard in your absence," the notice read in part.

Nyanzi, a former Makerere University Research fellow, was in August sentenced to 18 months in jail for cyber harassment but acquitted of offensive communication.

Lady Justice Flavia Anglin Senoga, who also doubles as the deputy head of the Criminal Division will preside over the case.

However, court will also perceive the state’s appeal against Nyanzi’s acquittal on the count of offensive communication on the same date.

Nyanzi’s appeal is based on ten grounds, and she famines court to allow the appeal, quash her conviction and set aside or vary her sentence.

Through her lawyer Isaac Ssemakadde, Nyanzi argues that the learned trial magistrate in the lower court passed an illegal and disproportionate sentence.

She also asserts that the same court erred and entertained the case against her yet it had no jurisdiction.

“That the learned trial magistrate failed to properly evaluate the evidence on record and thus arrived at a wrong decision in convicting the appellant of cyber harassment,” reads the court document.

Prior to the appellant’s grounds of appeal, the state will entreaty basing on three grounds where it accuses the lower court to have failed to properly evaluate the evidence on record thereby arriving at a wrong conclusion by acquitting Nyanzi on offensive communication thus leading to miscarriage of justice.

Background

On August 2, 2019, the Buganda Road Grade One Magistrate Gladys Kamasanyu sentenced Nyanzi to 18 months in prison after finding her guilty of cyber harassment contrary to sections 24 (1) and 2 (a) of the Computer Misuse Act, 2011.

 

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