The Directorate of Public Prosecution (DPP) has assumed the prosecution of the case involving Ugandan businessman Patrick Bitature and his wife, Carol Nzaro, concerning a $26 million commercial dispute with South African money lender Vantage Mezzanine Fund 11 Partnership. Chief State Attorney Joan Keko informed the court of this development and requested all necessary documents and information from the private prosecutor for further investigation and preparation of the case.
Additionally, Buganda Road Chief Magistrate Ronald Kayizzi issued fresh criminal summons against Bitature and his wife to respond to charges related to fraud. The summons require them to appear jointly in court on March 5, 2024. Bitature’s lawyer, Robert Friday Kagoro, raised concerns about the lack of proper service and the accused persons’ unawareness of the charges against them. The magistrate issued the fresh summons due to the absence of evidence proving that the initial summons were served.
Previously, High Court Justice Rosette Comfort had ordered the commencement of a private criminal prosecution against the Bitatures, based on fraud charges outlined in Section 309 of the Penal Code Act. The allegations stem from a loan agreement between Simba Properties Investment Company, owned by Bitature and his wife, and Vantage Mezzanine Fund. It is claimed that the Bitatures, with the intent to defraud, altered the shareholding of Simba Companies, thereby violating Section 323 of the Penal Code.