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High Court Quashes Brian Isiko's Conviction, Orders for Retrial

Justice Abodo noted that the Buganda Road Grade one Magistrate Gladyss Kamasanyu erred in law when she changed Isikos plea of not guilty to guilty without following the procedures.
The High Court in Kampala has quashed the two-year sentence given to Brian Isiko, a YMCA student accused of harassing  Kabarole District Woman MP Sylvia Rwabwogo.

Court Presided by Justice Jane Francis Abodo also ordered for a retrial before a different magistrate at Buganda Road Court.

Justice Abodo noted that the Buganda Road Grade one Magistrate Gladys's Kamasanyu erred in law when she changed Isiko's plea of not guilty to guilty without following the procedures.

She also noted that Isiko was later convicted basing on only one witness and was denied a right to fair hearing in accordance to the constitution.

Abodo then ordered that Isiko be taken back to Luzira Prison until when he will appear before the Buganda Road Court for a retrial on offenses of cyber harassment and offensive communication.

Isiko through his lawyers of Katuntu and Co Advocates went to High Court in June Challenging the two-year sentence handed to him by Buganda Road Court Grade One Magistrate for cyber harassment and offensive communication.

The sentence was after he was found guilty for harassing Rwabwogo whom she sent frequent love messages.

Isiko's lawyer Ramathan Waiswa told High Court that the grade one Magistrate erred in law when she failed to evaluate evidence on court record.

Waiswa argued that Isiko was just expressing his freedom of expression and speech.

He also argued that it was unreasonable for the magistrate to treat his client who was the first time offender as someone who has ever had a criminal background. He said this was seen in the two-year custodial sentence Kamasanyu gave Isiko. 

The appeal also asked High Court to reduce Isiko's sentence to a fine if it cannot quash the decisions made by the lower court.

However, during the hearing of the case, the State Attorney Joanita Tumwikirize said that Isiko's charges were read to him before he pleading guilty.

She instead advised court to order for a retrial in the lower court rather than setting Isiko free.

Isiko's lawyer Waiswa maintains that his client is innocent.

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