KAMPALA – A computer law expert Derrick Bzekukeeta on Thursday 9 told the court, that the cyber-crime investigator attached to police CID department missed out critical issues in the case in which Makerere University research fellow Dr. Stellah Nyanzi is facing cyber harassment and offensive communication.
While casting loopholes in the lead investigator and first prosecution witness Mr. Bill Ndyamuhaki’s testimony, Mr. Bazekukeeta said that important issues such as the devices used by Nyanzi to post the alleged obscene messages, location where the posts were made and a possibility, if someone could have hacked into Nyanzi’s Facebook account, were left out.
Court heard that one of the posts was allegedly made when Nyanzi was in a prison cell where electronic gadgets are not allowed.
According to Mr. Bazekukeeta, this leaves the prosecution’s case based on mere assumptions than the required proof in electronic communication cases.
In the last appearing, Mr. Ndyamuhaki told court that he has been following Nyanzi on Facebook since 2017.
Mr. Ndyamuhaki was also made to read out in court the alleged obscene messages posted by Ms. Nyanzi and asked to explain why he concludes that they are offensive.
In reply to the defence lawyer’s request, Mr. Ndyamuhaki replied that the words come-off in a sexual way because Ms. Nyanzi mentions words relating to sexual parts such as the vagina, which would be offensive to any reasonable person in society.
The case has been adjourned May 13 for defence lawyers to question Mr. Ndyamuhangi on the substance of the contentious posts which prosecution contends that they offended the person of the president and that of his late mother.
According to prosecution, on September 16, 2018, at 4:08 pm, Ms. Nyanzi uploaded a Facebook message on her official Facebook page which was interpreted to annoy and disturb the peace of the President.
Nyanzi has also been returned to jail at Luzira prison until then.
