The two directors of Threeways Shipping Limited, accused of stealing shillings sh7 billion from MTN Uganda, are scheduled to start their defence on March 11, 2024.

Oscar Baitwa and Geoffrey Bihamaiso will start their defence against charges of theft and conspiracy to defraud after the Nakasero-based Anti-Corruption Court, presided over by Justice Lawrence Gidudu, ruled on January 30, 2024, that they have a case to answer. Therefore, they must defend themselves. They were acquitted of charges of obtaining money by false pretence.

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 7 billion.  

After the court ruled that the accused persons had a case to answer, Justice Gidudu explained the options available for them to choose from in defending their case.

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.

However, on January 30, 2024, the two directors asked the court to allow them to consult their lawyers Henry Kyarimpa and Yusuf Nuwamanya, who were not present in court when the ruling was being delivered.

Justice Gidudu granted the request for adjournment and rescheduled the case to March 11. He instructed the accused to be present in court prepared to commence their defence.

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 the Chief State Attorney at the Office of the Director of Public Prosecutions (ODPP), Abigail Agaba, said 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 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 airways bills.