Assessors defer opinion in Threeways Shipping sh9.5b case

KAMPALA - Court assessors have postponed delivering their opinion in the case of two directors of Threeways Shipping Services Company Limited, who are accused of theft and conspiracy to defraud MTN of $3.8 million (about sh9.5 billion).

Gabriel Obonyo and Clementia Nabudde, in a letter dated March 31, 2025, addressed to the Deputy Registrar of the Anti-Corruption Court, Patrick Talisuna, stated that due to the voluminous records of proceedings, they are unable to deliver their opinion as scheduled for April 2.

Oscar Baitwa and Geoffrey Bihamaiso are on trial for charges of theft and conspiracy to defraud MTN Uganda Limited of sh9.5 billion.

“We are writing to request for an extension of time to submit our opinion, which was scheduled for April 2, 2025, to April 7 because of the volume of the proceedings. Both of us had other court schedules which occupied our time,” the assessors said.

The assessors are expected to advise Justice Lawrence Gidudu on whether to convict or acquit the accused.

Court assessors are non-lawyers who sit alongside a judge to provide their opinions based on their understanding of the case. While their input is considered, the judge may choose to agree or disagree with their opinions.

On their part, lawyers Henry Kunya, Henry Kyalimpa, and John Mary Muwaya, in their final submissions on November 20, 2024, argued that the prosecution had failed to prove that Baitwa and Bihamaiso conspired to defraud MTN using fictitious invoices.

Baitwa and Bihamaiso were charged with theft and conspiracy to defraud MTN of Sh9.5 billion. However, upon examining the evidence, the court found that the accused have a case to answer only concerning $1,854,777 (about sh7 billion).

Earlier, the State asked the court to convict Baitwa and Bihamaiso on the grounds that they facilitated the siphoning of money from MTN through their company accounts.

Abigail Agaba and Gloria Inzikuru from the Office of the Director of Public Prosecutions (ODPP) argued that the duo, being the sole directors and shareholders of the company, directly benefited from the proceeds of the alleged crimes.

Prosecution’s case

The prosecution said the accused, with intent to defraud, stole sh9.5 billion from the telecommunications company MTN.

In another count, the prosecution alleges that the accused conspired to steal sh9.5 billion from MTN Uganda. They denied the charges.

Initially, former MTN employees—accountants John Paul Basebose and Naphtali Were—were charged alongside Baitwa and Bihamaiso before the same court, but Basebose pleaded guilty through a plea bargain. He agreed with the Director of Public Prosecutions (DPP) 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 Threeways Shipping Services: chief finance officer Waiswa Kafuuko and logistics officer Faridah Senkumba.

After delivering their opinion, the court is expected to fix a date for judgment.