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.
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.
