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Selebi granted leave to appeal

6th September 2010

By: Sapa

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Former National Police Commissioner Jackie Selebi was granted leave to appeal the finding that he received payments from a convicted drug trafficker, in a ruling by the High Court in Johannesburg on Monday.


"Leave to appeal to the Supreme Court of Appeal (SCA) is granted to the accused on the issue of whether the State proved beyond a reasonable doubt that the accused received payment...," said Judge Meyer Joffe.

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This was the only point of seven submitted by Selebi that Joffe ruled could go on appeal.


Joffe found Selebi guilty of corruption and sentenced him to 15 years in prison earlier this year.

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On Monday, Selebi sat in the dock as his advocate Jaap Cilliers raised several points to support the application for appeal.


These included the application during the trial that Joffe recuse himself, that public interest justified further "ventilation" because there had been immense interest in the case, and that another court may find reasons to deviate from Joffe's imposition of the maximum sentence.


Cilliers complained that the defence had not received all the cheque stubs that it felt were necessary for its own trial preparation.


He said that Agliotti had not benefited from the relationship, and this was borne out in his unsuccessful attempts at securing supply tenders from the police.


Cilliers also questioned the timing of some payments and notes written on cheque counterfoils.


"All in all, we submit that there is a reasonable prospect of success that another court on these grounds may find in favour of the accused." Selebi's bail was extended.


Asked for comment afterwards, Selebi pressed his fingers to his mouth before being surrounded by five bodyguards.


His attorney Wynanda Coetzee, speaking after the ruling, explained that if the SCA found in Selebi's favour, his corruption conviction and 15 year sentence could fall away.


No mention was made in court of evidence Selebi said he had handed to authorities for further investigation to back up his contention that the prosecution against him was improper.


Coetzee said earlier that this had been handed to the Hawks and to National Director of Public Prosecutions Menzi Simelani for further investigation.


When court rose, Selebi and his bodyguards repeated the drill they carried out every day during his lengthy trial. Selebi was surrounded by guards and was escorted down the court steps and into a waiting vehicle.

 

 

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