18/12/2002 12:58 – (SA) Bribery case: Application dismissed Maseru – The Lesotho High Court dismissed three applications on Wednesday brought by the former head of the Lesotho Highlands Development Authority challenging his conviction for multi-million rand bribery and fraud. The full bench of three judges, including Chief Justice Mahapela Lehohla, unanimously dismissed the technical applications brought by Masupha Sole, which are separate from his appeal against his conviction and 18-year sentence. Sole’s main application was an objection against the acting appointment of the Irish judge, Brendon Cullinan, who found him guilty. Sole claimed Cullinan was overpaid compared to permanently appointed judges. Judge Michael Ramodibedi, on behalf of the whole court, dismissed this objection, saying Cullinan’s salary and appointment were justified by the “complexity of the case, the legal issues involved, the number of the accused, the fact that it was the first case of its kind in Lesotho, as well as the international ramifications of the case”. Ramodibedi said Sole had not objected to Cullinan’s appointment during the trial and the court accepted the director of public prosecutions’ opinion that Cullinan “conducted Sole’s trial in an impeccably fair manner”. Sole’s application for the recusal of the chief justice and Ramodibedi on the grounds that they were biased was dismissed by the third judge on the bench, Kelello Guni. Guni said she would provide reasons for her decision later. Sole’s third application, for the postponement of the main application against Cullinan’s appointment, was dismissed by the chief justice who said it was “mind-boggling” to think how long the courts would be kept waiting for Sole to raise the fees to pay senior counsel to pursue the application. Sole was found guilty of taking more than R6m in bribes from British, Canadian, French, German and American contractors bidding for the contract to build the Katse Dam, part of the Lesotho Highlands water project that supplies water to South Africa. His appeal will be heard in the Lesotho Appeal Court in April 2003.
Categories: Africa, Lesotho, Odious Debts


