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The trial of the two directors of Three Ways Shipping Services, accused of the theft of shillings 9.5 billion from MTN Uganda Ltd, has been deferred to January 15, 2024.

The Nakasero-based Anti-Corruption Court presided over by Justice Lawrence Gidudu on December 11, 2023, adjourned the hearing of the case after Chief State Attorney Stephen Ariong informed the court that chief state attorney Abagail Agaba, who is in charge of the case, was attending to her sick sister, who got in an accident.

Oscar Baitwa and Geoffrey Bihamaiso are accused of stealing shillings 9.5 billion belonging to MTN Uganda Limited, between 2009 and 2012, which allegedly arose from shipping goods on behalf of MTN.

Justice Gidudu said Abagail should appear in court on January 15, 2024, to hear the defence submissions by lawyers Henry Kyarimpa and Yusuf Nuwamanya.

“This case has become a backlog even if Agaba is on leave she should attend court on January 15, 2024, to listen to oral submission by the defence, after that court shall give a date for her to respond,” Gidudu said.

He added after submission from both sides, court will retreat to write a ruling on whether the accused persons have a case to answer or not.

Prosecution’s case

In the alternative charge, the prosecution said the accused, with intent to defraud, obtained shillings 9.5 billion from MTN Uganda Limited by false pretence.

In another count, the prosecution alleges that the accused conspired to steal shillings 9.5 billion from MTN Uganda Ltd. 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.