How socialite Bad black and Meddie Ssentongo lost case Brief facts Shanita Namuyimbwa[badblack], 21, is charged with embezzling Shs11bn from Davishan Development Company,which she co-owned with her 53-year-old British lover, David Greenhalgh. Namuyimbwa and co- accused Meddie Ssentongo jointly face two counts of conspiracy to defraud the company of $9bn and $1.77bn respectively. The two pleaded not guilty to the charges in the Anti-Corruption Court. At its initial stages every one thought Bad black was innocent,the pressing wrapping up the assessors opinions and the fictious story told by badblaack that one David the plaintiff was a liar ,that the company he claims to exist has never been and that Davishan development company was a sham and the bank account in the aforesaid names was a love account for the two and Davi stood for David the plaintiff and shan stood for shanita[bad black]. Every one nearly believed the story but now trouble came in the second session where the prosecution was advised to prove all the charges against bad black and meddie sentongo beyond reasonable doubt as it is required at law in criminal cases and the prosecution went ahead On Count No. 1 is the offence of embezzlement c/s 19(b). The relevant law provides as follows: In order to prove the offence of embezzlement as charged, the prosecution is required to prove the following ingredients beyond reasonable doubt. 1. That the person is a director, officer or employee of a company or corporation. 2. That the person steals a chattel, money or valuable security. 3. That the person receives or takes into his possession by himself such chattel, money or valuable property on account of his employment However before court went into the ingredients of the offence ,it addresed the contentious issue of whether Davishan Developmaent company existed and was proved David was possesion of a certificate of incorporation to which according to s.16 of the companies is conclusive proof that a company exists and this can't be challenged in either way though most of the other hitherto documents like the memo and articles of asssociation had irrregularities but this couldn't legally help. Now the issue was wether badblack was a director in the company,the issue was held in affirmative and it was held the regardless of the express appointment badlack was the director of the company as this was to be implied from her participation in its registration and that David too was a share holder as his lawyer was acting on his behalf in the registration process,on wether money or chattel was stolen ,this seemed obvious as bad black testified withdrawing moneI from the company acccount yet David hsd opened ip for her a personal account so her claims of love account simanya remained toothless and on the third ingredient it was also clear that shanita accessed the funds by virtue of her being a director and what used the money for wasn't inline with the company objectives. So the offence of embezzlement was proved On count 2 of conspiracy to defraud contrary to s.309 of the penal code . Shanita and Meddie are jointly indicted for conspiracy to defraud. To secure a conviction for conspiracy, the prosecution must prove that there were two or more persons involved. There cannot be conspiracy without the involvement of at least two people. It must also be proved beyond reasonable doubt that these persons agreed to pursue a course of conduct with intent to perform an unlawful thing, even if that unlawful purpose is impossible to achieve .In this case the meddie held out to be a manager of the company and he indeed contacted some engineer and informed him on to work out the costs of a hotel project and also to draft all the necessary plans infact this was aimed at making David belief that business waI moving on so that he can send more more though he didn't send it this was immaterial. more so badblack on opening up the bank account he was in company with meddie,,lastly all evidence of money withdraws pointed out that whenever David could send money on the company account the very sum would be withdrawn and deposited on meddie's account and this could never have been a coincidence.