{UAH} Defence protests new evidence against student accused of sending love messages to MP
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Defence protests new evidence against student accused of sending love messages to MP
FRIDAY NOVEMBER 23 2018
Brian Isiko and MP Sylvia Rwabwogo. FILE PHOTO
In Summary
- Isiko had initially been convicted and sentenced to two years in prison. He successfully appealed against the sentence and conviction on grounds that the first trial magistrate, Ms Gladys Kamasanyu erroneously convicted and sentenced him.
- Subsequently, the High Court quashed Isiko's earlier conviction before ordering that his file be remitted to Buganda Road Chief Magistrate's Court for a retrial before different magistrate.
State prosecutors in a case in which a student is accused of sending love messages to Kabarole Woman MP, Ms Sylvia Rwabwogo have said he's still harassing her despite the fact that she ordered him to stop.
Flanked by the state attorney Miriam Njuki, Ms Rwabwogo's lawyer Ladislaus Rwakafuuzi (holding brief on behalf of state) told Buganda Road Magistrate's Court on Friday that Brian Isiko, a student of YMCA College of Business Studies, Jinja has continued to harass the MP and this has left her scared.
READ:MP Rwabwogo right to take Isiko to court
His comments were prompted by submissions from Isiko's lawyer, Mr Ramathan Waiswa who objected to new prosecution evidence against his client.
Prosecution had on Friday tendered in a new charge sheet and statutory declaration against Isiko, but his lawyer, protested saying High Court judge, Jane Francis Abodo ordered for a retrial and not a new trial.
"...this is a retrial but, not a new trial. It is a trial of an action that has already been tried. The retrial must not be used as an opportunity for state to lay new evidence," Mr Waiswa said.
"Prosecution must not fill up gaps in their evidence which they failed to do in the initial trial," Mr Waiswa interjected on Friday morning, a few minutes before the start of the hearing after Mr Rwakafuuzi served him with a statutory declaration made by his client (Rwabwogo).
In the statutory declaration, a copy of which was seen by this reporter, Ms Rwabwogo states that: "I continue to fear for my life because I cannot tell why Brian continues to harass me when I have categorically asked him to stop. I make this declaration to support my application that the police put further evidence of harassment post the trial and conviction of Brian Isiko."
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Mr Rwakafuzi further said prosecution had given him a list of witnesses including two police officers who were not in court during the first trial.
"Isiko is continuing to bother Rwabwogo yet court ordered him to stop," he said.
Ms Rwabwogo showed up at court with a group of women activists.
The trial magistrate, Ms Stella Amabilis has adjourned the hearing to 2.00pm when court will respond to the defence arguments.
It's alleged that between November 2017 and June 2018 at unknown location in Kampala, Isiko used a computer to send love messages, which were obscene, rude, lustful or indecent to the person of Ms Rwabwoogo and using SMS messages he repeatedly attempted to disturb the peace or right to privacy of Ms Rwabwogo without a legitimate purpose.
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Isiko had initially been convicted and sentenced to two years in prison. He successfully appealed against the sentence and conviction on grounds that the first trial magistrate, Ms Gladys Kamasanyu erroneously convicted and sentenced him.
Subsequently, the High Court quashed Isiko's earlier conviction before ordering that his file be remitted to Buganda Road Chief Magistrate's Court for a retrial before different magistrate.
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