The trial of the two directors of Three Ways Shipping Services, accused of theft of shillings 9.5 billion from MTN telecom, resumes on today (August 30).

The Anti-Corruption Court in Kololo, Kampala presided over by Justice Lawrence Gidudu on June 6, 2023, adjourned the case to August 30, for further hearing after prosecution led by a state attorney Abigail Agaba from the Office of the Director of Public Prosecutions (ODPP) asked for more time to call another witness who is based in Canada.

Oscar Baitwa and Geoffrey Bihamaiso are accused of stealing sh9.5b belonging to MTN Uganda Limited, between 2009 and 2012, which allegedly arose from shipping goods on behalf of MTN.

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

 In another count, the prosecution alleges that the accused conspired to steal sh9.5b from MTN Uganda. The accused 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 Director of Public Prosecutions and refunded some money to MTN, and charges against him were subsequently dropped. Were has since passed on.

The DPP also discontinued proceedings against two other employees of the Three Ways Shipping Services; chief finance officer Waiswa Kafuuko and logistics officer Faridah Senkumba. Charges against the two directors Baitwa and Bihamaiso have been maintained.

 Accused failed to settle case

Baitwa and Bihamaiso through Mugarura, Kwarisiima and Company Advocates, in 2022 wrote to the Director of Public Prosecutions (DPP)Jane Frances Abodo seeking to pay ($400,000) about shillings1.4 billion to MTN.

 Through their lawyer Baitwa and Bihamaiso said out of the shillings 9.5 billion which is the subject of the court case, they were willing to settle the matter out of court and ready to pay shillings 1.4 billion basing on favourable terms.

 “Our clients believe that such overpayments could have not been in excess of $800,000(about sh2.9b) and would be willing to pay MTN an extra $400,000(shilling 1.4 billion),” the letter states.

The accused persons who have been on trial at the Anti-Corruption Court in Kololo, Kampala since 2012, had asked the DPP to withdraw the charges upon paying the money without any liability.

However, the accused failed to settle the case out of court and the judge directed that the trial should proceed.