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Court Starts Hearing Appeal by Student Convicted for Stalking MP

Isiko was initially sentenced to two years in prison for cyber harassment and offensive communication. But he challenged the sentence by the Buganda Road Grade one Magistrate Gladys Kamasanyu saying that she erred in law when she changed his plea of not guilty to a guilty plea.
12 Sep 2018 20:38

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A representative of the Office of the Director of Public Prosecutions has suggested that court considers a retrial of a case in which Brian Isiko, a YMCA student who was convicted for harassing Kabarole District Woman Member of Parliament, Sylvia Rwabwogo. 

Isiko was initially sentenced to two years in prison for cyber harassment and offensive communication. But he challenged the sentence by the Buganda Road Grade one Magistrate Gladys Kamasanyu saying that she erred in law when she changed his plea of not guilty to a guilty plea.

Isiko's lawyer Ramathan Waiswa today tendered before the High Court in Kampala, the records of court proceedings showing how his client was mistaken. In the records, Waiswa stated that Isiko only sent love songs and poems of American celebrities like Don Williams and Enrique Iglesias to Rwabwogo.

According to the lawyer, Isiko only sent the love messages with hopes that he would be friends with Rwabwogo, an act that the lawyer said was an expression of freedom of speech. Waiswa further stated that since there were no obscene, harsh or threatening messages to the legislator, the magistrate acted unreasonably when she convicted Isiko for offensive communication.

Waiswa further faults the lower court for convicting him on insufficient evidence. He noted that Isiko, a first time offender was convicted and given a custodian sentence thereby treating him like someone who has ever had a case.

Waiswa instead asked the court that if the High Court cannot quash the decisions made by the lower court, at least his sentence should be reduced to a fine.

 

//Cue in: "We are hopeful…

Cue out: overturn a conviction.''

 

Luganda

 

//Cue in: "Tulina esubi nti…

Cue out: …nti yali nsobi.”//

 

But Joanita Tumwikirize, the representative of the Director of Public Prosecution, challenged the argument saying that that Isiko's charges were loudly read to him before he pleaded guilty. She advised that court should consider a retrial as opposed to quashing decisions of the lower court.

The Presiding Justice Jane Frances Abodo has set September, 19 for ruling on this application. 

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