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Two directors of Three Ways Shipping Limited, who are accused of stealing sh7b from MTN Uganda Ltd, are scheduled to start their defence today, April 23, 2024.

The Nakasero-based Anti-Corruption Court in Kampala presided over by Justice Lawrence Gududu on March 11, 2024, deferred the defence hearing by Oscar Baitwa and Geoffrey Bihamaiso to April 23, due change of advocates.

The accused initially who were represented by Henry Kyalimpa and Yusuf Nuwamanya, have now instructed Henry Kunya and John Mary Muwaya to represent them.

The court directed Baitwa and Bihamaiso to appear prepared to commence their defence against the charges. They are expected to defend themselves against charges of theft and conspiracy to defraud after court ruled on January 30, 2024, that they have a case to answer.

According to the charge sheet, the amount allegedly stolen is about sh9.5b but court ruled that the accused have a case to answer on is sh7b.  

Option to defend case

The court offered the accused persons three options on how to defend themselves: Testifying under oath, which would necessitate cross-examination from the state, giving unsworn testimony without cross-examination; or remaining silent.

Gidudu said the accused, in addition, can also choose to call witnesses or not call witnesses, regardless of whichever option they choose.

Prosecution’s case

The prosecution, led by chief state attorneys at the Office of the Director of Public Prosecutions (ODPP), Abigail Agaba and Gloria Inzikuru said the accused between 2009 and 2012 stole money from MTN Uganda in the course of business.

In another count, the prosecution alleges that the accused conspired to defraud the company of the said money. They denied the charges.

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 Director of Public Prosecutions (DPP) Jane Frances Abodo and refunded over sh820m to MTN, he was convicted on his own plea of guilt. 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.

Contract

Three ways Shipping Services Limited was contracted by MTN Uganda on April 1, 2004, to provide clearing and forwarding services. However, in the course of business, MTN alleged that the company had been paid money based on fake invoices supported by fake airway bills.