By Sania Babirye
The High court in Kampala has cancelled the bail it granted to a YMCA student Brian Isiko who is accused of sending love messages to the Kabarole District woman MP Sylvia Rwabwoogo.
This is after Justice Jane Frances Abodo ordered that Isiko be taken back to Buganda Road court for a re-trial on offenses of cyber harassment and offensive communication within 48hrs.
However Justice Abodo first quashed and set aside Isiko’s conviction and a 2 year jail sentence on grounds that the trial magistrate illegally changed his plea of not guilty to a plea of guilty without following a proper procedure .
While allowing Isiko’s appeal against both the conviction and sentence , Justice Abodo ruled that magistrate Kamasanyu ought to have read and explained the offenses and ingredients to Isiko in a language that he best understands and she records the exact words he must have responded to ;
Before convicting him basing on a partial admission.
According to the lower court record reproduced in the judge’s ruling ,Isiko first pleaded not guilty to the offenses but after MP Rwabwoogo’s testimony , he admitted to having sent the love messages asserting that he wanted the MP for a friend to help him boast his poultry business.
It’s this partial admission That magistrate Kamasanyu took for a plea of guilty there by wrongly convicting Isiko and sentencing him to serve 2 years in jail.
Court at Buganda Road heard that Isiko between November 2017 and June 2018 at unknown places in Kampala used a computer to send love messages to MP Rwabwoogo which he picked from Lycics and poems of famous international musicians like Don Williams and Enrique Iglesias .
MP Rwabwogo told court that the messages were Obscene and rude which disturbed her peace.
However Isiko’s lawyer Ramathan Waiswa welcomed the High court ruling and vowed to fight in order to get justice for his client.
He added that he will file a production warrant for Isiko to obtain bail tomorrow .