Brian Isiko, 25, a student of YMCA College of Business Studies in Jinja, was facing charges of cyber harassment and offensive communication against Ms Rwabwogo.
However, when the case comes up today for hearing and cross examination of Ms Rwabwogo, magistrate Stella Amabilisi dismissed the case for lack of prosecution witnesses.
“From 2018, the witness has never appeared in court yet the accused has been appearing. This shows that the witness is not interested in the matter. In the interest of justice, the case has been dismissed and the accused is set free unless charged with other offences. Bail money should be refunded,” she ruled.
The court’s decision came after the submissions of Isiko’s lawyer Mr Ramathan Waiswa who asked court to have the matter dismissed after the state failed to present the witnesses in court.
“The record reflects that this court had ordered the witness to be in court and the court had said that failure to appear, the case would be dismissed. We pray that the case be dismissed,” he submitted.
In July 2018 the same court convicted Isiko on what was taken as his own plea of guilty and sentenced him to two years in jail, but he appealed against the same in the High Court. The judgement was quashed and High Court ordered for retrial.
Prosecution had alleged that between the months of November 2017 and June 2018, Isiko used a computer to make love requests, suggestions or proposals which were obscene, rude, lustful or indecent to the person of Ms Rwabwogo.
It added that Isiko wilfully and repeatedly used electronic communication through SMS messages or attempted to disturb the peace and quiet enjoyment or right to privacy of Ms Rwabwogo with no purpose of legitimate communication.