Full court to hear Wobiro’s application

A Supreme Court bench consisting of three judges will hear an application next week that was filed by former Western Governor Ati Wobiro, Norman May and Dr Modowa Gumoi.

The three filed separate applications that will be asking the court to reopen their appeal and revisit it, alleging a slip, or error, was made by a three-man Supreme Court bench on April 27.

The slip rule application was filed after the Supreme Court, on April 17, dismissed their appeal against conviction and sentence.

The case came for directions on Friday, where their lawyer indicated they were ready for the hearing.

The three were convicted on July 26, 2016, for conspiring to defraud the State and misappropriating monies. They were each sentenced to 10 years in prison on November 18, 2016.

They filed appeals against their conviction and sentence.

The decision of the three-man Supreme Court bench, however, went against them. The bench, by majority, dismissed their appeals against conviction and sentence.

The court found that the three did conspire and misappropriated K350,000 when they lied about the Budget Priorities Committee meeting of March 28, 2013. This was the meeting that they made up to sign the MOA, which led to the establishment of Fly Care Inc Foundation.

The court however, did agree that they did not misappropriate K7 million, but K350,000 and the 10-year sentence for misappropriation was excessive, given they were convicted for misappropriating K350,000.

By majority, the court quashed the 10-year sentence and substituted that with seven years, of which one year was suspended.

Wobiro, Gumoi and May are now serving a term of six years in jail and will be placed on two years’ good behaviour bond upon their release from Bomana.

That sentence will be served at the same time for both offences of conspiracy to defraud and misappropriation.

(File picture)

Author: 
Sally Pokiton