By Kabuye Ronald
A journalist accused of spreading false information regarding the alleged death of the First Lady has asked the court to dismiss the criminal case against him, arguing that the charges are legally defective and that the court lacks jurisdiction to hear the matter.
Mukose Arnold Anthony, the Programmes Director at Digitalk TV/Alternative Digitalk and a media and human rights activist, is facing charges of sending false distress signals and broadcasting fake news.
During proceedings before the Law Development Centre (LDC) Court on Wednesday, the defense challenged the validity of the charge sheet, contending that the prosecution failed to specify the exact area or areas where the alleged offences were committed.
Defense counsel Kato Tumusiime argued that this omission contravenes Sections 34 and 35 of the Magistrates Act, Cap. 19, which require the place where an offence is alleged to have occurred to be clearly stated.
The prosecution had earlier sought leave of court to amend the charge sheet to address the defect. However, Tumusiime objected to the application, maintaining that the issue goes beyond a simple omission.
“After more than two months of disclosure of evidence, this is no longer a matter that can be corrected through amendment. It is an illegality that prejudices the accused and renders the proceedings defective,” the defense argued.
The defense further submitted that the failure to properly particularize the alleged place of commission deprives the court of the basis upon which to determine its territorial jurisdiction.
Meanwhile, the prosecution did not present any witnesses during the latest hearing.
The LDC Court, presided over by Magistrate Ivan Maloba, adjourned the matter to July 13, 2026, when it is expected to deliver its ruling on the defense application seeking dismissal of the case.
The ruling is expected to determine whether the prosecution will be allowed to proceed with the charges or whether the case will be struck out on jurisdictional grounds.
