By Kabuye Ronald
The Law Development Centre (LDC) Grade One Magistrate, Ivan Maloba, has dismissed and quashed all charges against Alternative Digital journalist Mukose Arnold Anthony over want of prosecution.
Mukose had been facing two counts, including allegedly sending distressful signals to the public and broadcasting what prosecutors described as “fake news,” contrary to Section 82 of the Uganda Communications Act, Cap. 103, and Regulation 110(c) of the Uganda Communications Commission (Licensing) Regulations, 2019.
The case was dismissed after the prosecution failed to present witnesses, produce an amended charge sheet as earlier directed by court, and avail the police file during the court sitting.
The defence had also raised concerns over the jurisdiction of the court and challenged the charge sheet, prompting the prosecution to seek amendments.
However, when the prosecution, led by Rachael Namutebi, was asked to present the amended charge sheet, she informed the court that she did not have it. Namutebi, who had recently returned from leave, also told the court that she did not have the police file.
“Your Worship, I do not see the police file and neither do I have the amended charge sheet as directed by court. It is upon your powers to decide,” Namutebi told the court.
Defence lawyer Muhindo Morgan, who was holding brief for counsel Kato Tumusiime, asked the court to dismiss and quash the case, arguing that the state had demonstrated a lack of preparedness.
“They have failed to respect the court order to amend the charge sheet. They have never presented any witnesses, yet they had earlier informed court that investigations had been completed and they were ready for hearing,” Muhindo submitted.
He added that the prosecution’s failure to produce the police file further demonstrated that it was not ready to proceed with the case.
“I pray that the case be dismissed and my client set free because this matter has inconvenienced him too much,” he said.
Following the submissions, Magistrate Maloba dismissed and quashed the case for want of prosecution, bringing the proceedings against Mukose to an end.
