By Sania Babirye
The case in which a 25 year old collage is charged with stalking the Kabarole district woman MP Sylvia Rwabwoogo by sending her unsolicited love messages has been referred to the high court for interpretation.
The case had come up for further hearing before grade one magistrate Stellah Amabilisi, however the magistrate was forced to refer the case to the high court after lawyer representing Brian Isiko raised an objection to state’s move to tender in the alleged love messages from his client.
Lawyer Ramadhan Waiswa argued that state or MP Rwabogo has no right to tender in the said alleged love messages since MP Rwabogo is not the author of the said messages.
Ramadhan has also objected to state’s alleged new witness on ground that state can not produce a new witness when the case was referred back for a re-trial and they have never appealed against the said order.
He has explained that as the case stands right now, state’s move for an interpretation on Whether or not they should tender in the alleged love messages and also produce witnesses is baseless since the high court ordered for a retrial and state has never appealed the said retrial.
Counsel Waiswa has now advised state to either appeal the high court order or continue with the retrial of the case as ordered. Brian Isiko is charged with cyber harassment and offense communication a charge he denies.
On the 27th of November, the trial magistrate Stellah Amabilisi adjourned the case to today because court did not have the right DVD to play and listen to recorded CDs containing love songs from which Isiko claims to have borrowed words he used to send texts to the MP.
Isiko’s lawyer Waiswa Ramadhan says they have collected over 5 CDs of International musicians and poets such as Don Williams, Enrique Igletiaus, P-Square and Akon to prove that Rwabwoogo’s allegations that the messages he sent to her were obscene rude and harmful to her life are baseless .
Lawyer Ramadhan says his clients can not be accused of sending harmful messages because he used the exact words he lifted from these songs and the artists have never been charged or convicted of singing and distributing harmful messages per their songs.
Prosecution states that some of the contentious messages sent by Isiko that the MP found to be offensive, obscene and disturbing read as follows “I Can Kill for my country and for you my love “, “Goodmorning baby Angel ” and If love is a crime , Tell me which sword to fall on”.