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Prosecution Backtracks on Application to Table Fresh Evidence Against Isiko

On Tuesday, Senior Prosecutor Nelly Asiku asked the High Court Criminal Division, Judge Jane Francis Aboddo to drop the application on grounds that it was filed in error.
19 Mar 2019 19:40
Brian Isiko at the Criminal Division of High Court on Tuesday

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Prosecution has asked High Court to drop its application seeking to present fresh evidence in the cyber harassment case against Brian Isiko, a student of Young Men’s Christian Association- YMCA.  

State Prosecutor, Mariam Njuki lodged the application in high court in December, 2018. She had asked court to allow them to tender in new evidence implicating Isiko for stalking Kabarole Woman Member of Parliament, Sylvia Rwabwogo.  

The evidence was to be used in Isiko retrial on charges of cyber harassment and offensive communication that was halted at Buganda Road Court.  

However, on Tuesday, Senior Prosecutor Nelly Asiku asked the High Court Criminal Division, Judge Jane Francis Aboddo to drop the application on grounds that it was filed in error.     

He agreed with the Defense Lawyer, Ramathan Waiswa fresh evidence shouldn’t be tendered in during the retrial, saying court should only use the evidence before it.  

Waiswa also clarified that when Justice Aboddo was ordering a retrial, she gave specific guidelines and orders, which were to be followed. The guidelines required that only the available evidence should be used in the retrial.

Prosecution noted after reading the guidelines carefully, they were bound to follow them and asked the file to be sent back to Buganda Road Court for the retrial to continue. 

   

Isiko’s started on May 29th, 2018 when he was arrested from Café Javas along Lugogo bypass by Parliamentary Police on allegations on allegations of stalking Rwabwogo. 

He was arraigned before Buganda Road Court Grade one Magistrate, Gladys Kamasanyu in court in June 2018 on charges of Computer Misuse.

Isiko pleaded guilty and was subsequently sentenced to two years and eight months in jail for offensive communication and Cyber harassment offenses.  

However, through his Lawyers of Katuntu and Company Advocates, Isiko challenged the judgment by Kamasanyu in the High Court Criminal Division. 

His lawyers led by Waiswa argued that the lower court failed to evaluate evidence on court record and thus unlawfully convicted Isiko.  

The lower court was also faulted for changing Isiko’s plea of not guilty to guilty without following the required procedures

During the appeal, High Court Judge, Jane Francis Aboddo quashed Isiko's conviction and ordered a ‘retrial’ before a different magistrate. 

When the matter came up for hearing at Buganda Road Court before Grade one Magistrate, Stella Maris Amabilis , the State Attorney, Mariam Njuki asked court to allow them tender fresh phone printouts implicating Isiko for further stalking the MP.

Amabilis noted that her court had no jurisdictions to determine such legal questions and returned the file to High Court.     

Isiko’s lawyer, Waiswa says the case has taken a huge financial toll on his client.  

//Cue in: “Omanyi buli omuntu…  

Cue out: … gyekositingamu client waffe,"//

The matter will return to court on March 25th, 2019 for a ruling on the prosecution’s request.   

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