Court to sum up Threeways Shipping sh9.5b theft case

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The head of the Nakasero-based Anti-Corruption Court is scheduled Tuesday to sum up the case for an assessor in a trial involving two directors of Threeways Shipping Services Company Limited, who are accused of theft and conspiracy to defraud MTN of $3.8 million (Sh9.5 billion).

Justice Lawrence Gidudu will sum up the case for assessor Gabriel Obonyo before advising the court on the appropriate verdict.

Earlier, Gidudu scheduled the case for summation after both the prosecution and the defence had made their final submissions.

Oscar Baitwa and Geoffrey Bihamaiso are on trial for charges of theft and conspiracy to defraud MTN.

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.

The accused, through their lawyers Henry Kunya and Henry Kyalimpa, during final submission, asked the court to acquit Baitwa and Bihamaiso.

Chief state attorneys Abagail Agaba and Gloria Inzikuru from the office of the Director of Public Prosecutions urged the court to convict the two accused, asserting that the prosecution has proved the charges of theft and conspiracy to defraud beyond a reasonable doubt.

Upon examining the evidence, the court found that the accused have a case to answer, only in connection with $1,854,777 (about sh7b).

Prosecution’s case

The prosecution, led by Agaba and Inzikuru, said the accused, with intent to defraud, stole Sh9.5b from MTN.

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 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.

What the law says

Conspiracy to defraud under section 309 of the Penal Code Act elicits five years in jail, while theft under section 254 of the Penal Code Act carries five years in jail.

The case was adjourned to November 20, 2023, to allow the defence team time to respond to the state’s submission.