By Maureen Nakigozi
The Anti-corruption court judge justice Catherine Bamugemereire has today sentenced Shanita Namuyimbwa aka Bad black to 4 years imprisonment for embezzlement and 18 months for fraud while Meddie Ssentongo has been sentenced to 18 months imprisonment for fraud.
The judge said that the Bad black was found guilty of embezzling sh11b from Daveshan development because she knew it that the money she was spending was not from her own account but from a company account.
She said that the fact that the money which was wired directly from UK by David Greenhalgh, Bad black’s ex-lover who had 75% shares in the company was transferred to Meddie Ssentongo’s account in Standard Chartered bank was enough evidence that the two conspired to defraud Daveshan Development Limited.
Though the judge has sentenced Bad Black to four years and many people regard it as a fair sentence, Bad Black seems to be distant from the fate that befell Davashn company.
Lets look into this, How could Greenhalgh 54 ,entrust a prostitute who is not even educated with sh11b expecting her to run the business smoothly? No wonder Justice Bamugemereire ruled that there were many right thinking people in Uganda for Greenhalgh to entrust a business with.So the two will not pay his lost money.The impact of a 54 year old entrusting a 21 year old girl was all manifested in the formation and legality of the company.
Caleb Alaka while filing in his final submission explained how Daveshan development was formed saying that Daveshan Development limited emerged from the a relationship which David Greenhalgh had with Shanita Namuyimbwa aka Bad Black and that it was after they had a disagreement that Greenhalgh dragged Bad Black to court that she had embezzled company’s money and also defrauded it.
Alaka proved to court beyond reasonable doubt that Daveshan Development Limited was not a legally existing company because a company cannot exist out side the company act.
He cited evidence provided by witnesses starting with witness number 3 whom he identified as Miriam Nabatanzi from Uganda Registration Services Bureau. Nabatanzi told court that Greenhalgh did not personally sign the Memorandum of Association from which Daveshan Development was formed, yet all directors have to sign the memorandum for the company to be formed supporting the fact that the company never existed legally.
Miriam Nabatanzi told court that the Memorandum was signed by Namuyimbwa (Bad Black) and Greenhalgh’s Lawyer David Mushabe meaning that the company had only one director and it is that director who had all the authority to transact on behalf of the company and could not steal from her own company.
Though the Barclays bank opened up a company account despite the fact that it was given memorandum of association which was not genuine, at the time the bank account was opened, the company was not yet incorporated. According to the evidence, the bank account was opened on August 20, 2011 while Daveshan was incorporated on September 2, 2010 implying the bank account existed before the company was formed.
Greenhalgh was stated in the same memorandum of association as a Ugandan but he testified in court as a British meaning that he lied to the registrar of companies and presented false documents thus making the company a sham.
The company had no auditor, had no audited books of accounts, did not pay taxes , had no employees and the only director -Namuyimbwa was not receiving salary therefore the company in actual sense never existed.
Alaka also told court that Namuyimbwa being the only director who signed the memorandum of association had all the authority to transact on behalf of the company and she cannot steal from her own company therefore the allegations are false.
Alaka also said that Greenhalgh gave Namuyimbwa $2m before the the company existed and given the fact that the two were in a relationship the money might have been for upkeep as Namuyibwa alleges.
Considering the age and level of education, Alaka asked how a 54 year old engineer with a masters in Marketing could entrust a school drop-out and a prostitute with sh12b meant for business yet he had access to the lawyers and qualified people as he used to frequently come to Uganda.
Alaka also stressed that the $2m Greenhalgh first sent to Bad Black was not accounted for yet he continued to send more money without investigating what the money he was sending was being used for or how far the company has grown.
The court assessor considered this submission and exonerated Namuyibwa saying that the company she is accused of embezzling never existed legally.
But Justice Catherine Bamugemereire sentenced bad black to four years imprisonment basing on the fact that Bad black lavishly used money she used withdrew from Daveshan account and given the fact that she was not a legally married wife to Greenhalgh, she had not authority to misuse the money.