By Sirajje Lubwama
High Court on Tuesday set Friday 3rd August as the date to decide on whether to grant bail Brian Isiko, a convicted student of YMCA Jinja branch who was early this month found guilty of expressing unsolicited love phone messages to Kabarole woman MP Sylivia Rwabwogo and convicted him to two years imprisonment.
Isiko 25 was convicted by Buganda Road Chief magistrate Gladleys Kamasanyu on his own plea of guilty for expressing love to the legislator. He was sent to Luzira prison and later transferred to Nagojje prison.
When the bail application came up for hearing on Tuesday before Jane Francis Abodo, Isiko’s legal team led by Ramadhan Waiswa assisted by Suleiman Isotah presented two sureties Godfrey Wako an academic Registrar at Kyambogo University and Raymond Muganza a retired UPDF officer currently commanding greater Mukono comprising of Mukono, Buikwe, Kayunga and Buvuma districts.
“My lord the applicant [Isiko] was convicted and sentenced to two years imprisonment by the trial magistrates’ court. The applicant has since filed an appeal challenging the conviction; one of the grounds is that the trial magistrate ererred when he changed plea of not guilty to that of guilty without following right procedure, there are high chances of winning the appeal and we pray for your indulgence to release him because the applicant’s act had no intention of violence,” Waiswa submitted.
Counsel Waiswa also presented Isiko’s letter of admission from YMCA and prayed that when granted bail, it will enable him to continue with his studies.
However in response, the State prosecutor Gladleys Nyanzi vehemently opposed the application arguing that the state witnesses presented were not substantial enough to stand for a convict adding that now that courts are fully constituted, the appeal will be heard in a short time as Isiko serves the sentence, because she saw no convincing arguments to warrant him bail.
“My lord one of the witnesses, a reserve UPDF commander has not presented any document to prove he is the one, let alone the Lecturer at Kyambogo University, the applicant himself has no letter that he is indeed up to now a student of the same institution and his place of abode is not specified,” Nyanzi said.
In reply, Waiswa said that it is not mandatory that all grounds of appeal must be fulfilled, provided that the applicant is the first offender and it has been proved that the appeal has high chances of success. He prayed for a non cash bail or a simple fine because their client is a student with no earning. It was at this time that the judge gave Friday when she will deliver her ruling.