Lawyers of Brian Isiko, a YMCA student who was convicted for harassing Kabarole District Woman Member of Parliament, Sylvia Rwabwogo are asking High Court to overturn a ruling in which their client was sent to prison for 2 years on charges of offensive communication and cyber harassment.
Counsel Ramathan Waiswa says his client was mistaken for a stalker, yet all he did was express love for the MP in an unharmful manner, hoping it would be reciprocated.
The development follows a suggestion by a representative of the Office of the Director of Public Prosecutions that court considers a retrial of a case.
Isiko challenged the two year sentence pronounced by the Buganda Road Grade one Magistrate Gladys Kamasanyu, arguing that she erred in law when she changed his plea of not guilty to a guilty plea.
This morning, counsel Waiswa handed over to the High Court records of the lower court proceedings showing how his client was mistaken.
The lawyer also argues that there were no obscene, harsh or threatening messages to the legislator, hence, reason for overturning the judgment.
Magistrate Kamasanyu’s court is further accused of convicting Isiko on insufficient evidence. During the proceedings that led to Isiko’s conviction, an emotionally broken Rwabwogo tearfully told Court that she had been harassed by the young boy, who at the time was laughing in court. This, according to many is what angered the magistrate to convict him for two years.
Isiko’s lawyer now wants the High Court to quash the decisions made by the lower court or at least reduce his sentence to a fine.
However, the representative of the Director of Public Prosecution Joanita Tumwikirize prayed that this argument is ignored since the accused was read the charges loudly and pleaded guilty.
Ms. Tumwikirize also advised that court should consider a retrial as opposed to quashing decisions of the lower court.
Justice Jane Frances Abodo the Presiding set September, 19 for ruling on this application.
