KAMPALA, Uganda — The Director of Public Prosecutions has appealed the acquittal of two directors of Threeways Shipping Services Ltd. in a case involving the theft of more than $3.8 million from MTN Uganda.
DPP Jane Frances Abodo filed the appeal May 5, challenging Justice Lawrence Gidudu’s April 30 ruling that cleared Oscar B. Baitwa and Geoffrey Bihamaiso. The DPP contends the judgment was flawed and that overwhelming circumstantial evidence pointed to the directors’ involvement.
According to the DPP, the trial judge erred in concluding there was no proof the accused participated in or knew about the fraud, despite the stolen funds being deposited into accounts they solely controlled.
In his ruling, Gidudu acknowledged the money was stolen and deposited into Threeways Shipping’s accounts. However, he stated there was no direct evidence linking the directors to the scheme. This decision has drawn criticism from legal observers and financial watchdogs, who labeled it contradictory and damaging to public trust.
Business leaders and investor groups have praised the DPP’s decision to appeal. One investor representative called it a “welcome move” that aims to protect the integrity of the justice system.
During the trial, prosecutors presented evidence that MTN was defrauded over three years through 125 fake invoices and forged airway bills submitted by Threeways Shipping Services. The funds were deposited into company accounts accessible only to Baitwa and Bihamaiso. Prosecutors argued this indicated their direct involvement or knowledge of the fraud.
The judge dismissed this, citing a lack of key witness testimony and suggesting that rogue MTN employees might have acted alone. He also speculated that company employees could have committed the fraud without the directors’ knowledge, a claim the DPP now argues is unsupported.
The appeal will now be heard by the Court of Appeal. The DPP aims to establish that executive officers should be held accountable when their companies are used to commit financial crimes.
