Summary on Sole Case
REX vs. MASUPHA EPHRAIM SOLE
SUMMARY
THE CASE
This is a criminal case in which, Mr. Masupha Sole, is accused of 16 counts of bribery and 2 of fraud. The hearing of the case began in 1999 and the judgement was handed down on 20 May 2002, wherein Mr. Sole was found guilty on counts 1,2,3,4,6,7,8,9,12,14,15,17,and 18 and was acquitted on counts 5,10,11,13,and 16.
THE CHARGES/INDICTMENT
The following is summary of the charges:
Count 1: Bribery
HWV corruptly offered payment(s) to Mr. Sole in return for Mr. Sole exercising his influence/powers for the benefit of and to further the private interests of HWV, which offer Mr. Sole accepted. Pursuant to this agreement, HWV paid at least USD 375,000 to Mr. Sole over a period February 1991 to May 1993.
Count 2: Bribery
Sogneah, alternatively Coyne, alternatively Celegec, alternatively one or more of them, corruptly offered payment(s) to Mr. Sole in return for Mr. Sole exercising his influence/powers for the benefit of and to further the private interests of one or all of there companies which offer Mr. Sole accepted.Pursuant to this agreement Mr. Sole was paid FF 808, 270-37 over a period 5 February 1988 to 19 September 1994.
Count 3: Bribery
Spie Batignolles corruptly offered payments to Mr. Sole in return for Mr. Sole exercising his influence/powers for the benefit of and to further the private interests of Spie Batignolles, which offer Mr. Sole accepted. Pursuant to this agreement, Spie Batignolles paid FF 941, 882-62 to Mr. Sole over a period 27 May 1988 to 8 January 1991.
Count 4: Bribery
LHPC corruptly offered payment(s) to Mr. Sole in return for Mr. Sole exercising his influence/powers for the benefit of and to further the private interests of LHPC, which offer Mr. Sole accepted. Pursuant to this agreement LHPC paid FF 4,638, 594-62. GBP139, 102-45 and DM1, 221,016-58 to Mr. Sole, over a period March 1991 to August 1994.
Count 5: Bribery
ABB Germany, corruptly offered payment(s) to Mr. Sole in return for Mr. Sole exercising his influence/powers for the benefit of and to further the private interests of ABB, Germany, which offer Mr. Sole accepted, and ABB Germany paid USD 7,978-55 to Mr. Sole on or about 13 May 1994.
Count 6: Bribery
ABB, Sweden, or spartak, on behalf of ABB, Sweden corruptly offered payment(s) to Mr. Sole in return for Mr. Sole exercising his influence/powers for the benefit of and to further the private interests of ABB, Sweden, which offer Mr. Sole accepted, and was paid USD 181,760 over a period June 1994 to July 1994.
Count 7: Bribery
Lahmeyer and/or Lahmeyer MacDonald Consortium corruptly offered payment(s) to Mr. Sole in return for Mr. Sole exercising his influence/powers for the benefit of and to further the private interests of Lahmeyer and/or Lahmeyer MacDonald Consortium, which offer Mr. Sole accepted, and was paid DM261,747.64 and SAR184,774.20 by Lahmeyer and/or Lahmeyer MacDonald Consortium over a period April 1992 to April 1997.
Count 8: Bribery
Lahmeyer, alternatively Dumez, alternatively Dumez Nigeria limited for or on behalf of Dumez, or one or more of them corruptly offered payment(s) to Mr. Sole in return for Mr. Sole exercising his influence/powers for the benefit of and to further the private interests of Lahmeyer and/or the alternative companies which offer Mr. Sole accepted, and was paid FF135,760.00 by Dumez, alternatively Dumez Nigeria limited for and an behalf of Dumez, on or about 8 February 1991.
Count 9: Bribery
Acres corruptly offered payment(s) to Mr. Sole in return for Mr. Sole exercising his influence/powers for the benefit of and to further the private interests of Acres, which offer Mr Sole accepted, for which Acres paid him CAD493,168.28 over the period June 1991 to January 1998.
Count 10: Bribery
Acres corruptly offered payments to Mr. Sole in return for Mr. Sole exercising his influence/powers for the benefit of an to further the private interests of Acres which offer Mr. Sole accepted, for which Acres paid him CAD188,255-48 over a period 31 January 1991 to 3 April 1991.
Count 11: Bribery
Dumez, alternatively Dumez Nigeria limited for and on behalf of Dumez, alternatively Lahmeyer or one or more of them, corruptly offered payment(s) to Mr. Sole in return for Mr. Sole exercising his influence/powers for the benefit of and to further the private interest of Dumez, which offer in the sum of FF230,480.00 Mr. Sole accepted over a period 19 December 1991 to 24 June 1992.
Count 12: Bribery
Dumez, alternatively Dumez Nigeria limited for and on behalf of Dumez, alternatively Lahmeyer or one or more of them, corruptly offered payment(s) to Mr. Sole in return for Mr. Sole exercising his influence/powers for the benefit of and to further the private interests of Dumez, which offer in the sum of FF 509,905.62 Mr. Sole accepted, over a period 11 October 1989 to 21 June 1990.
Count 13: Bribery
Dumez, alternatively Dumez Nigeria Ltd for and on behalf of Dumez, alternatively Lahmeyer or one or more of them, corruptly offered payment(s) to Mr. Sole in return for Mr. Sole exercising his influence/powers for the benefit of and to further the private interests of Dumez, which offer in the sum of FF194,370,00 Mr. Sole accepted on or about 19 December 1990.
Count 14: Bribery
Gibb corruptly offered payment(s) to Mr. Sole in return for Mr. Sole exercising his influence/powers for the benefit of and to further the private interests of Gibb, which offer, in the sum of GBP 51,478.01, Mr. Sole accepted over a period December 1990 to September 1994.
Count 15: Bribery
Cegelec, alternatively Sogreah, alternatively Coyne, alternatively one or more of them, corruptly offered payment(s) to Mr. Sole in return for Mr. Sole exercising his influence/powers for the benefit of and to further the private interests of Cegelec, or the alternative companies, which offer in the sum of FF6,538,840 Mr. Sole accepted over a period 14 February 1990 to 22 May 1995.
Count 16: Bribery
Coyne, alternatively Sogreah, alternatively Cegelec, alternatively one or more of them corruptly offered payment(s) to Mr. Sole in return for Mr. Sole exercising his influence/powers for the benefit of and to further the private interests of Coyne, or the alternative companies, which offer in the sum of FF353,394 Mr. Sole accepted over a period 22 April 1988 to 21 September 1994.
Count 17: Fraud
That Mr. Sole, with intend to defraud, misrepresent to the LHDA that he would, in June/July 1991, be attending the International Conference on Large dams (the ICOLD conference) in Vienna, Austria, on behalf of the LHDA and by reason thereof required the LHDA to pay all his travel costs associated therewith and that misrepresentation induced the LHDA, to its prejudice, to pay for the said costs the sum of M17,110.50, whilst at the time he well knew that he did not intend to attend the ICOLD conference for its entire duration, but would travel to, among others, Paris and Moscow on business unconnected to that of the ICOLD conference.
Count 18: Fraud
That on or about 18 July 1991 Mr. Sole, with intent to defraud, misrepresent to the LHDA, that in June/July 1991, he incurred expenditure in the sum of M18,874.42 and that he incurred such expenditure in attending the affairs of the LHDA, and did by means of the said misrepresentation induce LHDA, to its prejudice, to pay such amount to him, when he well knew that he had not incurred such expenditure while attending to the affairs of the LHDA.