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A change of lawyers by the two directors of Threeways Shipping Limited, accused of stealing shillings 7 billion from MTN Uganda, has delayed the defence hearing of the case.

The Nakasero-based Anti-Corruption Court presided over by Justice Lawrence Gududu deferred the defence hearing of Oscar Baitwa and Geoffrey Bihamaiso due to the change of advocates.

Baitwa and Bihamaiso appeared before the court on Monday, March 11, and informed the court that they have retained new legal representation for Henry Kunya and John Mary Muwaya.

The newly appointed lawyers requested more time to review the record of proceedings to provide informed advice on the best course of action for their defence. 

The accused were scheduled to start their defence today, Monday, against charges of theft and conspiracy to defraud, after the court ruled on January 30, 2024, that they have a case to answer and they should defend themselves but they stated that they were not ready to start their defence.

Justice Gidudu granted the application for an adjournment to April 23, 2024, to enable the lawyers to study the proceedings.

According to the charge sheet, the amount allegedly stolen is about shillings 9.5 billion but the court ruled that the accused have a case to answer for only shillings 7 billion.  

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 in the Office of the Director of Public Prosecutions (ODPP), Abigail Agaba and Gloria Inzikuru, says 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 plea of guilt. Were have since passed on.

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

Threeways 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.