Shaik to fight 'limited' appeal
2005-08-30 20:12
Bloemfontein - Businessman Schabir Shaik has asked the Supreme Court of Appeal in an application to, among other things, extend the limited grounds on which leave to appeal was granted by Durban High Court.
Shaik, in papers filed with the court on Monday, wants the Bloemfontein court to extend the limited grounds of the appeal granted by Judge Hilary Squires on his corruption and fraud convictions and sentences to a general leave to appeal.
In an affidavit Shaik submits that his sentencing of 15 years imprisonment' was completely disproportionate to the actions which the Durban High Court found he committed in respect of the offence.
"(The Durban High Court)... erred in finding that no substantial and compelling circumstances existed, which could have justified the imposing of a lesser sentence."
Shaik's application for leave to appeal follows the Durban High Court granting him leave to challenge one of two corruption convictions, and one of fraud in the Supreme Court of Appeal, albeit on limited grounds.
Refused to yield on first charge
Shaik was sentenced to an effective 15 years in prison on each of two corruption counts, and another three years for fraud. The sentences are to run concurrently.
Judge Squires however, refused Shaik permission to appeal against his conviction on the first corruption charge, which involves a "generally corrupt relationship" with former deputy president Jacob Zuma, and payments exceeding R1.2m made to the politician.
On the fraud charge, Shaik was granted leave to challenge a finding that he had discussed with his auditors the irregular write-off of loans, some of which had been to Zuma.
On Count 3, the other corruption charge, he was allowed to ask the appeal court whether the trial court had been correct in admitting as evidence an encrypted fax.
The fax detailed a meeting at which Shaik allegedly negotiated a R500 000-a-year bribe for Zuma.
Squires also granted some of Shaik's co-accused companies limited leave to appeal against their guilty verdicts and the fines he had imposed on them.
In the papers filed in Bloemfontein, in considering a lesser sentence, Shaik said that he was not the party that offered and agreed to the payment of R500 000 annually to Zuma, but a representative of Thomson-CSF.
The State has until the end of September to file opposing papers.
Shaik is out on R100 000 bail pending the outcome of the appeal.
- SAPA