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The Nakasero-based Anti-Corruption Court is set to determine whether two directors of Threeways Shipping Services, Oscar Baitwa, and Geoffrey Bihamaiso, accused of theft of sh9.5b from MTN, have a case to answer or not.

Justice Lawrence Gidudu, the head of the Nakasero-based Anti-Corruption Court in Kampala is expected to render his decision today, January 30, 2024.

During the adjournment of the case on January 18, 2024, Justice Gidudu said he would rule on whether the prosecution had established a prima facie case.

Prosecution said Baitwa and Bihamaiso allegedly stole funds from MTN between 2009 and 2012, purportedly related to shipping services rendered on behalf of MTN.

The charges against the accused are theft, obtaining money by false pretence, and conspiracy to defraud.

Gidudu scheduled the ruling for January 30, 2024, following submission from both the defence and prosecution.

Chief State Attorney Abagail Agaba asserted in her submission that the prosecution had established a prima facie case against Baitwa and Bihamaiso.

"My Lord, a prima facie case has been established, and I request that the accused be required to defend themselves against the allegations," Agaba stated.

A prima facie case is a cause of action or defence that is sufficiently established by a party's evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party.

However, defence attorneys Henry Kyarimpa and Yusuf Nuwamanya said the prosecution failed to present evidence demonstrating the accused's involvement in the alleged theft. Kyarimpa argued that Baitwa and Bihamaiso were not implicated in the theft.

Prosecution’s case

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. 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 some money to MTN, and charges against him were subsequently dropped. Were have 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.