DPP Contests Discharge of Nurse in Contentious HIV Cannula case

1517 Views Kampala, Uganda

In short
Justice Chibita says he is dissatisfied by the High Court's decision to release the Nurse; Rosemary Namubiru from jail. The DPP wants the nurse to serve her three years sentence as opposed to the ten months that she had spent in jail.

The Director of Public Prosecutions Mike Chibita is set to appeal against the recent release of a city nurse from prison.

Justice Chibita says he is dissatisfied by the High Court's decision to release the Nurse; Rosemary Namubiru from jail. The DPP wants the nurse to serve her three years sentence as opposed to the ten months that she had spent in jail.

Last week, Justice Albert Rugadya Atwooki released Namubiru from Luzira prison on grounds that the three-year jail sentence meted at her in May was "excessively harsh" although her taste of freedom did not imply that she is exonerated.

Buganda Road Court Chief Magistrate Olive Kazaarwe sent Namubiru to jail after she found her guilty of professional negligence when she intentionally pricked a baby she was treating with a cannula that she had first used on herself. Namubiru tested positive to HIV, the basis of which, her action was interpreted as intent to infect the toddler.

Prosecution had alleged that Namubiru on January 7 this year at Victoria Medical Centre Lumumba Avenue in Kampala, unlawfully and negligently injected Mathew Mushabe with a cannula contaminated with her HIV positive blood when she knew or had reasons to believe that this could likely spread the infection of HIV. She denied the charges