<http://mg.co.za/>
[image: Mail & Guardian Online] <http://mg.co.za/>

The National Prosecuting Authority said on Friday that former national
police commissioner Jackie Selebi must begin serving his 15-year sentence
for corruption within 48 hours.

But Selebi's lawyers may yet apply to have the case heard by the
Constitutional Court. Cheque counterfoils bearing the annotations, "cash
JS", "A", "cash cop" and "cash chief" sunk Selebi's attempt to have his
corruption conviction set aside in a judgment handed down by the Supreme
Court of Appeal in Bloemfontein on Friday. "The appeal is dismissed," Judge
Kenneth Mthiyane said, reading the judgment.
Selebi was appealing his conviction by high court Judge Meyer Joffe, who
found in August last year found him guilty of corruption and sentenced him
to 15 years in prison. In his judgment, Joffe called Selebi "a liar" with
"low moral fibre".

NPA spokesperson Mthunzi Mhaga said the state never had any doubt the
judgment would be in the its favour. “We had a very strong case and
argument.” Mhaga said even if Selebi tried to take the matter further [to
the Constitutional Court] the state would oppose the move. He also praised
the state's prosecuting and investigation teams, saying they deserved to be
commended for their handling of the Selebi case. In a unanimous decision on
Friday, the appeal court rejected the defence's submission that the
annotated cheques were for an ill policeman Agliotti was helping to
support. "This court also accepted that the words 'cop', c-o-p and 'JS'
referred to the appellant," said Mthiyane.
"On all the evidence contained in 66 volumes amounting to more than 600
pages that we had to wade through in this application for appeal, we are
satisfied that the high court was correct in finding that the applicant did
receive payment from Agliotti," he said.

Mthiyane said that the appeal court's decision centred around two issues:
the state succeeded in proving payments from Agliotti to Selebi, and that
Selebi in return provided benefits to Agliotti.
In total 19 witnesses testified for the state, including key witnesses
Agliotti himself, Dianne Muller (Agliotti's girlfriend) and Martin Flint.
Seven witnesses appeared for the defence.

Selebi received payments of R110 000, R30 000 and R10 000, as well as an
unspecified amount of US dollars. In return Selebi shared secret
information with Agliotti and in particular information that the UK police
were investigating him for drug dealing.

Mthiyane said that Selebi must have known that payments from Agliotti were
illegal. "The appellant must have known that a hustler would use this
relationship," Mthiyane said.

*'Nationally embarrassing'*
Selebi should do the honourable thing and hand himself over to the nearest
police station to start his sentence, the Democratic Alliance said on
Friday.

"This is the end of what has been probably the most controversial and
nationally embarrassing court case South Africa has ever experienced," the
Democratic Alliance's spokesperson on police, Dianne Kohler Barnard said,
after Selebi lost his appeal.

"He was the head of Interpol when he was arrested," she said.

She wanted to know from Police Minister Nathi Mthethwa what was going to be
done to recover what she said was a R17.4 million bill for the case.

"I would also ask that Jackie Selebi for once do the honourable thing and
go and hand himself over to the nearest police station," she said.

*For coverage of former police chief Jackie Selebi's corruption trial and
aftermath, visit our **special
report.*<http://mg.co.za/specialreport/the-selebi-saga>

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