Ati Wobiro, Norman May and Dr Modowa Gumoi have filed an application in the Supreme Court asking it to reopen their appeal and revisit it.
They filed a slip rule application alleging a slip, or error, was made by a three-man Supreme Court bench on April 27. This was when the court dismissed their appeal against conviction and sentence.
They returned to court today with their lawyer for directions in the Supreme Court. Their matter was adjourned to June 29.
Their lawyer will seek leave of the court to revisit the appeal the full court had earlier dismissed. If leave is granted and the application allowed, the court will reopen the appeal.
The three were convicted on July 26, 2016, for conspiring to defraud the State and misappropriating monies. They were each sentenced 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 bench by majority 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)