​Western trio allege court made an error

A full-court Supreme Court bench will hear a leave application for slip rule, filed by Ati Wobiro, Norman May and Dr Modowa Gumoi in August.

The three filed a slip rule application on May 18, asking the Supreme Court to reopen their appeal and revisit it, alleging an error or slip was made by the three-man Supreme Court when it dismissed their appeals against conviction and sentence.

Their lawyers will seek leave of the court to move the application on Thursday, August 31.

This direction was issued by Justice Stephen Kassman today at the Supreme Court direction hearing.

Lawyers representing Wobiro, May and Dr Gumoi filed the application against the majority decision of the Supreme Court on April 27.

Their lawyer will seek leave of the court first 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)

Sally Pokiton