The trial of two directors of Threeways Shipping Services Group in a case where they are accused of stealing sh9.5b from telecom company MTN has been adjourned until April.

Oscar Baitwa and Geoffrey Bihamaiso are facing charges of theft at the Anti-Corruption Court in Kampala before Justice Lawrence Gidudu.

The adjournment followed a letter by the accused to the Director of Public Prosecutions (DPP), Jane Frances Abodo, asking to settle the case out of court.

Baitwa and Bihamaiso have been on trial since 2012.

They want the DPP to withdraw the charges upon paying the money without any liability. The proposal is contained in a letter dated November 11, 2022.

Charges against the directors

Prosecution led by Abagail Agaba at the DPP's office said Baitwa and Bihamaiso stole sh9.5b belonging to MTN Uganda Limited between 2009 and 2012.

In the alternative charge, the prosecution said the accused, with intent to defraud, obtained sh9.5b from the telecom company by false pretence.

In another count, the prosecution alleges that the accused conspired to steal sh9.5b from MTN Uganda. They denied the charges and the burden to prove the case lies with the prosecution.

Initially, former MTN employees — accountants John Paul Basabose and Naphtali Were — were charged alongside Baitwa and Bihamaiso before the same court, but Basabose pleaded guilty through a plea bargain. 

He agreed with the DPP and refunded some money to MTN, and charges against him were subsequently dropped. Were has since passed on.

A plea bargain is a negotiated agreement between the prosecution and an accused person. The accused person pleads guilty before a judge or a magistrate to the charges against him or her in exchange for a lesser sentence without going through a trial.

The DPP also discontinued proceedings against two other employees of Threeways Shipping Services. They are chief finance officer Waiswa Kafuuko and logistics officer Faridah Senkumba.

Charges against directors Baitwa and Bihamaiso have been maintained.

Over 10 prosecution witnesses have already testified in court before Justice Gidudu.