The Directorate of Public Prosecution (DPP) has officially taken over the prosecution of a case involving Ugandan businessman Patrick Bitature and his wife, Carol Nzaro. The case revolves around a $26 million commercial dispute with South African money lender Vantage Mezzanine Fund 11 Partnership.
Chief State Attorney Joan Keko informed the court on Tuesday that the DPP had assumed control of the case in the presence of all parties. She requested the private prosecutor to provide the DPP’s office with all relevant documents and information regarding the matter for further investigations and preparation of evidence for the hearing.
Keko stated, “It is after the receipt of the said documents that we shall make authoritative submissions on the way forward regarding the prosecution of this case.”
Meanwhile, the court issued criminal summons against Bitature and his wife to address charges related to fraud. Buganda Road Chief Magistrate Ronald Kayizzi mandated the couple to appear jointly in court on March 5, 2024.
This decision followed a submission by Bitature’s lawyer, Robert Friday Kagoro, who claimed that the accused individuals had not been served and were unaware of the charges against them. The magistrate issued the fresh summons as there was no evidence to prove that the accused had been served with the initial criminal summons.
Earlier, lawyer Lillian Zambu, representing private prosecutor Robert Kirunda, informed the court that they had received the necessary documents a day before the hearing. She assured the court of their readiness to provide additional documents, highlighting that a letter and files had been forwarded to Workers House.
In January of the current year, High Court Justice Rosette Comfort had ordered the commencement of a private criminal prosecution against the businessman and his wife. This began with the sanctioning of the charge sheet within five days from the date of her ruling.
The charges against the Bitatures stem from alleged fraudulent actions, including altering the shareholding of Simba Companies, in which they held interests. The accusations relate to a $10 million loan obtained from Vantage Mezzanine Fund and subsequent misrepresentation of company shareholding. The South African company, set to be the private prosecutor, asserts that these actions constitute fraud and violation of specific sections of the Penal Code Act.
