Oscar Baitwa and Geoffrey Bihamaiso, directors of Threeways Shipping Services, are set to submit a “no case to answer” defense on January 15, 2024, against charges of stealing shillings 9.5 billion from MTN Uganda between 2009 and 2012. The allegations suggest that the funds were misappropriated in connection with shipping goods on behalf of the telecom company.
Defense lawyers Henry Kyarimpa and Yusuf Nuwamanya will present their oral submissions at the Anti-Corruption Court in Kololo, Kampala, presided over by Justice Lawrence Gidudu. Following the defense submission, the court will prompt the prosecution, led by Abigail Agaba, to respond.
The charges against Baitwa and Bihamaiso include stealing shillings 9.5 billion from MTN Uganda, with an alternative charge of obtaining the funds through false pretense with an intent to defraud. Another count involves an alleged conspiracy to steal the mentioned amount from MTN Uganda.
The accused directors have denied all charges, placing the onus on the prosecution to prove the case. Notably, former MTN employees, accountants John Paul Basabose and Naphtali Were, were initially charged alongside Baitwa and Bihamaiso. However, Basabose pleaded guilty through a plea bargain, refunded some money to MTN, and subsequently had charges dropped. Naphtali Were has since passed away.
The Director of Public Prosecutions also discontinued proceedings against two other Threeways employees, chief finance officer Waiswa Kafuuko and logistics officer Faridah Senkumba. Charges against the remaining two directors, Baitwa and Bihamaiso, have been maintained.
The upcoming ruling will determine whether the accused directors have a case to answer, marking a crucial juncture in the legal proceedings.