Acquittal of Dr Nyanzi on offensive communication is miscarriage of justice – DPP

  • by Mark Kalule
  • August 23, 2019

The Director of Public Prosecutions (DPP), has appealed against the acquittal of imprisoned Makerere University Research fellow, Dr Stella Nyanzi on the charge of offensive communication, saying the decision to acquit was reached erroneously.

This comes after the Buganda Road Court Grade One Magistrate, Gladys Kamasanyu, found Dr Nyanzi guilty of cyber harassment before acquitting her on the second count of offensive communication in connection to harassing the president and insulting his late mother in a Facebook post.

The DPP has opted to file an appeal at the High Court, sighting that Ms Kamasanyu failed to properly evaluate the evidence on record by arriving at the wrong conclusion by acquitting Dr Nyanzi, thus leading to miscarriage of justice.

“The learned trial magistrate erred in law and fact when she held that the Facebook post in issue was not repeated and she, therefore, arrived at the wrong conclusion in acquitting the respondent,” the appeal documents read in part.

“…learned trial magistrate also erred in law and fact when she stated that the appellant did not prove that the post in issue disturbed the peace, quiet or right of privacy of His Excellency Yoweri Kaguta Museveni with no purpose of legitimate communication,” the appeal reads.

Consequently, the DPP is seeking the High Court to allow this appeal, set aside and reverse the judgment of Ms Kamasanyu as well as maintain the conviction and sentence on count one of cyber harassment.