A judge handling a case involving the alleged theft of shillings seven billion at the Anti-Corruption Court in Kampala is furious with the lawyers representing the accused. 

Justice Lawrence Gidudu says the lawyers are employing delaying tactics and do not want the case to end.

His sentiments were brought to the fore when the two directors of Threeways Shipping Services Ltd, accused of stealing shillings seven billion from MTN, declined to start their defence without their lawyers.

Oscar Baitwa and Geoffrey Bihamaiso on April 23, 2024, snubbed the court’s directives to commence the defence hearing at the Nakasero-based Anti-Corruption Court on grounds their lead counsel Henry Kunya was away.

"Where is the defence counsel?" the presiding judge Lawrence Gidudu inquired, his voice cutting through the expectant silence.

Baitwa stepped forward, his demeanour uneasy yet determined. "My lord," he began, “Our lead counsel Henry Kunya informed us that he will be attending the prosecutors’ symposium. We request a brief adjournment to consult with him".

Judge furious

Justice Gidudu expressed frustration, saying the accused are deliberately prolonging the case with delaying tactics. He pointed out that ample time, one-and-a-half months, had been granted to the accused to prepare their defence, yet they chose not to utilise it.

“These two counsels from the office of the Director of Public Prosecutions were supposed to attend that symposium but they chose not to attend because of this court. But Kunya who is not a prosecutor abandoned his client who paid him to represent them and chose to go and attend a symposium instead,” Gidudu said.

Addressing concerns from the Judiciary about the prolonged duration of the case which had become a backlog, Justice Gidudu revealed the pressure he faces. 

"Each time I attend a meeting about progress of cases from this court, I am questioned why I have failed to conclude this case," he said. He noted that the prolonged proceedings were not only affecting his professional reputation but also resulting in a low rating.

Justice Gidudu attributed the delay to the accused, saying, "Baitwa and his brother do not want this case to end."

Gidudu said the accused are obstructing the course of justice for their own benefit adding that the case has been in court since 2019.

John Mary Muwaya who appeared later in court implored the judge to allow the accused more time to prepare and undertook to appear in court ready to proceed.

Adjournments

On January 30, 2024, the court ruled that the accused had a case to answer and granted them one month to prepare their defence. 

On March 11, 2024, the accused appeared in court with new legal representation: Lawyers Henry Kunya and John Mary Muwaya. Once again, they requested more time, which the court extended until April 23, 2024. 

However, on the scheduled date, they insisted they couldn't proceed with the defence hearing due to the absence of their lead counsel.

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 on is shillings seven 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 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 Ltd 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 shillings 820million 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 Threeways Shipping Services; chief finance officer Waiswa Kafuuko and logistics officer Faridah Senkumba.

Contract

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.