Thread by @tumwesigye_

We are at Buganda Road Magistrates Court, court room no. 4. Mgr. Kamasanyu. Dr. Stella Nyanzi’s case is expected to be heard in Court Room No. 1.
#FreeStellaNyanzi

@drstellanyanzi, a queer feminist writer, activist and research fellow at the Makerere Institute for Social Research is charged under Sections 24(1) & 24(2)(a) of Uganda’s Computer Misuse Act, 2011 for allegedly publishing Facebook posts with “obscene, lewd or indecent” language.

https://twitter.com/tumwesigye_/status/1115531806139404289?s=21

Dr. Stella Nyanzi is also charged with offensive communication contrary to S.25 of the Act.
#FreeStellaNyanzi #PushForStellaNyanzi

@drstellanyanzi allegedly posted offensive messages “transmitted over the inter to disturb the peace, quiet or right of privacy of H.E the president of Uganda Yoweri Kaguta Museveni with no one of legitimate communication.”
#FreeStellaNyanzi
#PushForStellaNyanzi

With her lawyers Isaac Ssemakadde & Derrick Bazzekuketta, we’ve spoken with @drstellanyanzi.
Her fighting spirit is strong, and she wants us to really understand why she refused to apply for bail.
We will be going to explanations of what proper freedom really is.

We were told to wait for 1400 hours. It is now 1457 hours and the hearing that was scheduled for 0900 hours still hasn’t commenced.
We continue to #PushforStellaNyanzi
#FreeStellaNyanzi

https://twitter.com/tumwesigye_/status/1115594932293521408?s=21

Advocate Derrick Bazzekuketta objects to Prosecution’s application to be allowed to bring in from @mtnug documents including subscriber registration form indicating her phone number and passport information page.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

He argues that these documents (obtained after an order to @mtnug Manager to furnish prosecution) were obtained in violation of the Art 27 (1) & (2) of the Constitution, S. 8(4) Electronic Transactions Act.

#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

It also violates S.4 of the Regulations on Interception of Communications Act s. 9-11 of the Computer Misuse Act.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

s. 4 provides that interception requires a warrant to be obtained by an authorized person or his or her nominee from a designated judge. This is the general rule.

#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

The only legal exceptions to this rule where informs may be obtained without a warrant.

Only in matters of national security, threats to life, human trafficking and economic wellbeing, none of which Dr. Stella Nyanzi is charged with.
#PushforStellaNyanzi
#DroptheCharges

It must be noted that interception without a warrant requires due written notice to the owner of that information (Dr. Stella Nyanzi) . This was not done.

In this regard, prosecution documents are inadmissible before court.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

He asks for court to reject the evidence which prosecution seeks to tender in as in was obtained illegally.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

For clarity the documents include, SIM card registration, passport information page, email activation, Facebook activation.
This was password protected information, which was obtained through hacking and decryption without a judicial order, violating Dr. Nyanzi’s privacy.

Under the Electronic Transactions Act, the manner in which the information about the originator was obtained is important in cases regarding electronic transmission.
The information in the documents in issue is intended to show Dr. Nyanzi as the originator of the posts.

He implores court to take notice of the evidence of the testimony of ASP Bill Ndyamuhaki who clearly stated on record that he deactivated the Facebook account and email address in issue in proving the is the originator.

#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

Prosecution prays for a ‘short adjournment’ to look into the laws that have been cited by Defense.

Defense objects to this as a grave insult to Dr. Nyanzi and shows lack of preparation on the Prosecution’s part. They have had since 9 Nov. 2018 to acquaint themselves with the law

For the prosecution to seek an adjournment is beyond belief and borders on refusal to to deliver justice the accused.
We ask the magistrate to put her foot down to avoid endorsing prosection’s laziness.
-Advocate Isaac Ssemakadde.
#PushforStellaNyanzi
#FreeStellaNyanzi

Prosecution lawyer is trying to justify the prayer by saying there are only a few minutes to 5pm. And he is a student at Makerere who needs to go to class at 5pm 🙄
He says they will be ready on Friday 12th April.

#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

H.W Kamasanyu delivers her ruling on the issue and notes that it would be unfair to compel the prosecution to submit without due preparation.

She grants adjournment.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

Right now, there is a debate on the date for adjournment.
Isaac Ssemakadde and Dr. Stella Nyanzi insist that in all these adjournments, she has continued to come last.
As the court continues to hold the prosecution’s hand throughout the proceedings.
#PushforStellaNyanzi

Case adjourned for rejoinder to Monday 15th April, 2019 at 0900 hours. (Next week)

#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

Testimony and cross examination of ASP Bill Ndyamuhaki has not been done.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

Press conference giving a recap of the proceedings.
We have given a response objecting to prosecution’s evidence which was supposed to have been submitted by 28th November.
The information they sought to tender was obtained on 13th Dec.
#PushforStellaNyanzi

We wonder if the orders of this Magistrates Court will ever be respected by the prosecution.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

We objected to:
1. Prosecution going outside the court to another magistrate not the trial magistrate to obtain an order granting the obtaining of information about Dr. Nyanzi from @mtnug and Makerere after close of investigations and commencement of a trial.
#PushforStellaNyanzi

2. They violated the law in probing password protected information i.e. Facebook and email account without judicial authorization.
#PushforStellaNyanzi

We had the detective bragging about how he hacked to obtain information regarding this info.
The cyber crimes unit doesn’t obey the laws and principles imposed and enacted by parliament.
#FreeStellaNyanzi

Night Asara, Dr. Nyanzi’s friend from Arua has been here since morning.
She decides the injustice meted out to Dr. Nyanzi. ‘We had a student prosecutor asking for permission to go to class & it is disappointing. He should not have come knowing it is a serious case.’

She says Uganda must be enjoyed freely by its citizens, who must have access to justice.

#PushforStellaNyanzi
#DropTheCharges
#FreeStellaNyanzi

Sheikh Katende Isa say ‘It is very important that magistrates and lawyers respect court time. It is unfair for people to be told to come at 0900 hours and the magistrate arrives at 1500 hours’
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

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So we were at Buganda Road Court this week for @drstellanyanzi’s hearing. The testimony and cross examination didn’t happen.
On Tuesday 16th, at 0900 hours, we will be back there.

We continue to #PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

On Wednesday 17th, at 1400 hours, we’ll be at the High Court for the Makerere University case.

Both hearings are open to all so it’s FREE ENTRY! Come through!
Let’s come together to #PushforStellaNyanzi
#DropTheCharges
#FreeStellaNyanzi

In preparation for Tuesday 16th, here is a recap of last week’s proceedings at Buganda Road Magistrates Court.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi
👇🏾
threadreaderapp.com/thread/1115528…

We are at Buganda Road Magistrates Court this morning for hearing of the Vagina case in which @drstellanyanzi is accused of offensive communication with a Facebook post containing “offensive, lewd & obscene language”
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

@drstellanyanzi is finally here and the hearing begins with Prosecution lawyers submission.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

In response to illegally obtained information after close of investigations, he says that the investigation was a continuing concern.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

That it would have been unfair for the trial magistrate, HW Kamasanyu to be the one to grant the order to obtain the prisoner’s information from @mtnug and Makerere.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi
This is the court order 👇🏾

He says that the prisoner’s info was not intercepted because it was already published. That communications by social media is not communication by telecommunication.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

That social media is an over the top (OTT) form of communication & only uses the internet, but is not connected to it by operation & so cannot be a telecommunication.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

He submits that telecommunication is the road on which OTT rides but OTT isn’t telecommunication in itself. That the Regulation of Interception of Communication Act doesn’t apply in Dr. Stella Nyanzi’s case
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

That the investigator was not required to adhere to Sections 10 & 11 of the Computer Misuse Act and the use of the word ‘may’ means they were not in violation of the law on obtaining the prisoner’s information.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

That these circumstances don’t apply to admissibility of the evidence but to the officer granting the order and so we’re cited out of context by Dr. Stella’s lawyers.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

https://twitter.com/tumwesigye_/status/1115604525308506112?s=21

That Facebook provides for settings where a user can choose who views their posts and the post in issue was open for all to see.
He cites New York v. Malcolm Harris to the effect that there is no reasonable expectation of privacy for the user.
#PushforStellaNyanzi

That since the post was not a private message, the owner of the post had no reasonable expectation of privacy rights and there was no legitimate requirement for a warrant or order of court.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

The state relies on the principle of the third party doctrine to argue that the publisher of a public post waives their rights to privacy.

#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

He contends that none of the rights of the prisoner were violated in this case because obtaining information available in a Facebook profile is the same as obtaining info in publicly accessible online or print media.

#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

For clarity, this is the evidence that Dr. Nyanzi’s lawyers object to.

https://twitter.com/tumwesigye_/status/1115608630823284737?s=21

#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

The state argues that even if evidence in the exhibits was obtained illegally & through breach of the prisoner’s privacy, it should still be admitted in court.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

Advocate Isaac Ssemakadde seeks leave to make remarks in regard to the court order and the cases cited by the State attorneys as well as the Facebook post in issue.
#PushforStellaNyanzi

The defense withdraws an objection to tendering of the Facebook post as a document allegedly extract from the page of Stella Nyanzi’s for the reason that it is agreed that it is a public document.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

Defense maintains its objection to the alleged Facebook activation code, email activation codes and the document purporting to show a phone number and matters that mislead the court.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

HW Kamasanyu denies Dr. Stella Nyanzi’s lawyers the right to leave.
Court will reconvene at 2PM for a ruling in the admissibility of the Prosecution exhibits.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

It’s now 3:08PM and we’ve been at Buganda Road Court since 2:00PM waiting for HW Kamasanyu to deliver her ruling on the admissibility of the evidence sought to be tendered by the Prosecution.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

HW Kamasanyu is finally in. Dr. Stella Nyanzi has been brought in
#PushforStellaNyanzi

The Facebook post in 3 pages and the Court order with an affidavit and photocopy of warrant card are admitted as evidence since defense conceded on those documents.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

She rules that there was need for an independent court to hear the application for the court order in order to provide justice to the accused. The order was therefore properly granted by a competent court.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

On whether the prosecution disclosed their evidence in due time to the accused, she finds that the need for disclosure is not absolute and it is understandable for the prosecution not to have been able to disclose all their evidence to the accused.

On whether documents were obtained in breach of the Constitutional right to privacy, she finds that they were obtained with a proper court order which the defense withdrew their objection to.
They were therefore obtained legally

She finds that the Computer Misuse Act and the ETA are not applicable in this case and that the documents provided were not intercepted during transmission by telecommunication.
The documents were therefore legally obtained.
#PushforStellaNyanzi
#DroptheCharges

The objection by Defense is overruled and all the documents admitted to court as exhibits.
The bio data page for Stella’s passport, Facebook activation code for Facebook account Stella Nyanzi, Activation code for Stella’s yahoo email address.
#PushforStellaNyanzi

Court proceeds with testimony by ASP Bill Ndyamuhaki of @PoliceUg Cyber Crime Unit
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

Prosecution Witness Bill Ndyamuhaki says he obtained the court order to obtain bio data info of Stella Nyanzi and served it to the Mak VC and was given the information requested for.
#PushforStellaNyanzi
#DroptheCharges

He reads out the phone numbers attached to the Facebook account Stella Nyanzi. He says he discovered the numbers and email address after analyzing the Facebook account.

He say the email address on her Makerere bio data ([e-mail]) is the same one attached to the Facebook account Stella Nyanzi. (s*****[e-mail]) with 5 unknown characters
#PushforStellaNyanzi

He confirmed this by seeing that there is no other Stella Nyanzi who owns this email address.
Prosecution asks whether more than one person can own the same email address with the same characters.
#PushforStellaNyanzi
#DroptheCharges

Answer: No. An email address is created as a unique identifier for the person creating it.
#PushforStellaNyanzi
#DroptheCharges

He says the 5 undisclosed characters in s*****[e-mail] are ‘nyanz’ and the phone number in the bio data is the same that was used to activate the email address.
He says that since the number belongs to Stella Nyanzi, the email address belongs to her.
#PushforStellaNyanzi

Q: how do you arrive at the understanding that the Facebook account in question is for the accused?
A: The phone number and email address used to activate the account all belong to the accused.
#PushforStellaNyanzi #DroptheCharges
#FreeStellaNyanzi

Dr. Stella clarifies to say she has a timeline and does not run a Facebook. She asks the Prosecution to get their diction right as they referring to something she doesn’t have, and so there’s no point to the testimony.
#PushforStellaNyanzi
#DroptheCharges

Adv. Ssemakadde objects to bringing up of the timeline of the account Stella Nyanzi because the accused is charged on grounds of an alleged Facebook post not a timeline.

Her lawyers were advised to defend on the grounds of the post, not a whole timeline.
#PushforStellaNyanzi

Prosecution continues to ask for what is contained in the Fb timeline.
A: the page contains the accused’s photo and states that she is a researcher at Mak and displays some of her activities in life like fundraising 4 sanitary pads.
#PushforStellaNyanzi
#DroptheCharges

He says that the mobile money numbers indicated on the page for this fundraising campaign belong to the accused.

He also says that there are more Stella Nyanzi fb accounts.
#PushforStellaNyanzi
#DroptheCharges
#FreeStellaNyanzi

He disregarded them because the one he zeroed in was the first one which posted the fb post in question on 29 September 2019*
#PushforStellaNyanzi #DroptheCharges #FreeStellaNyanzi

Adv. Ssemakadde for Dr. Stella objects to the testimony being given as to the number of followers & other Fb posts.
He points out that the issue of whether the accused is the originator of the posts hasn’t been answered and is still open.
#PushforStellaNyanzi #DroptheCharges

Prosecution witness ASP Ndyamuhaki reads the Facebook post in question.
#PushforStellaNyanzi #DroptheCharges

Q: What led you to conclude that the post was lewd, obscene or indecent and to charge the accused?
#PushforStellaNyanzi #DroptheCharges

A: Anything that insults the private parts of a dead person, moreso a woman who’s the mother of our president, the fountain of honor.
I see this as ‘unAfrican, uncultured & unlawful’.
It was on this basis that I charged the accused.

#PushforStellaNyanzi #DroptheCharges

This is one of the posts (with the highlighted numbers)that ASP Ndyamuhaki relied on to conclude that this Stella Nyanzi account belongs to the accused since the numbers are the ones on her Makerere bio data.
#PushforStellaNyanzi #DroptheCharges

Adv. Ssemakadde objects to new irrelevant timeline information being brought to the court. This is information different from that which they had been asked to advise on.
#PushforStellaNyanzi

He also objects to tendering as an exhibit a court order dated 5th April 2018, and the bio data from Mak certified on 8th April 2019. Court had ordered investigations closed by 22 Nov. 2019.
#PushforStellaNyanzi #DroptheCharges

That the court order was obtained to fill in gaps in the prosecution case and was obtained improperly through lying to the Chief Magistrate (who granted the order) who was unaware that the order is related to the ongoing case.
He seeks for the court to reject it as evidence.

State attorney argues that the objection can only be sustained by an application made duly before a court, and not a mere objection in court.
#PushforStellaNyanzi
#DroptheCharges

HW gives her ruling on the objection and admits the order. ‘The court will not address itself to the manner in which the court order was obtained by prosecution. It is therefore admitted as evidence before court.’
#PushforStellaNyanzi #DroptheCharges #FreeStellaNyanzi

Asked whether he knows how the accused was arrested, ASP Ndyamuhaki says she went to the DPC Wandegeya and was informed that she was under arrest.
#PushforStellaNyanzi
#DroptheCharges

Adv. Ssemakadde asks for adjournment to 18th April for cross examination, Kamasanyu disagrees says that the court system (public address) cannot operate without the clerk.
He says the microphones were working before he came this afternoon.
#PushforStellaNyanzi

Prosecution says their witness is only available from May 3rd, to which Adv. Ssemakadde asks the witness to take into account that the accused is an incarcerated person.
#PushforStellaNyanzi #DroptheCharges

Matter adjourned to 23rd April 2019 for cross examination between 0900 hours to 1100hours.
#PushforStellaNyanzi #DroptheCharges #FreeStellaNyanzi

Press conference after the hearing. The government has won all rulings regarding rendering on exhibits which we had objected to regarding the legality of the method of obtaining encrypted data.
#PushforStellaNyanzi #DroptheCharges

Maybe the arguments were not appreciated by this court and we hope that an appellate court will have a different understanding of the objection. The procedures undertaken by the prosecutor to ascertain how the account was created.
#PushforStellaNyanzi #DroptheCharges

Tomorrow we will be at the High Court (Civil Division) at Twed Tower for hearing of the Makerere University case.
Time: 2:00 PM
Come through! ☀️

#PushforStellaNyanzi

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