By Salmah Namwanje
Lawyers from Katuntu and company advocates, representing Brian Isiko are set to file for his production for bail pending an appeal in the High Court.
Isiko, a 25 year old student was early this month sentenced to two years imprisonment after being convicted of Cyber Harassment and Offensive Communication for sending love messages to the Kabarole Woman Member of Parliament, Sylvia Rwabwogo.
Through his lawyers, Isiko is set to appeal against the sentence saying the trial magistrate erred when she changed the appellant’s plea of not guilty to a plea of guilty based on a partial admission.
The lawyers also argue that the magistrate also erred when she convicted Isiko without subjecting the entire evidence of the complainant to the standard required in a criminal trial.
“She also erred in law and fact when she engaged in speculation, conjecture, malice and fear mongering in denying the Appellant a proper mitigation while sentencing him,”Isiko says in his appeal.
The lawyers also argue that the judge erred in law and fact when she engaged in speculation, conjecture, malice and fear mongering in denying the Appellant a proper mitigation while sentencing him. They therefore proposed to ask the High Court for orders that: “The Conviction of the Appellant be squashed, the sentence be set aside and in the alternative, the custodial sentence of the Appellant be reduced and/or set aside and a small fine be imposed on the Appellant.”
According to Isiko’s lawyers, they will first apply for bail on Tuesday as he prepares for hearing of the appeal in the High Court.
Brian Isiko was convicted on two charges of cyber harassment and offensive communication which his lawyers say would only be convicted if the magistrate was convinced beyond reasonable doubt that the messages were obscene, lewd, lascivious or indecent.
Ramadhan Waiswa of Katuntu and Company advocates says, Brian Isiko was only sending love messages and not illegitimate as the law stipulates.