Fidentia boss to defend himself

Cape Town - Former Fidentia boss Arthur Brown says he is prepared to conduct his own defence in his multi-million rand fraud trial, if he is unable to pay for a lawyer.

He made the undertaking in a letter handed in to the Cape High Court on Friday, at a pre-trial hearing before Judge President John Hlophe.

It also emerged from the letter that negotiations on a plea agreement are continuing.

Brown's trial is scheduled to start on January 31 next year, but his attorney, Rashaad Khan, told the judge that Brown had not yet secured funds to pay him for the trial.

Khan said that though he was confident that there would be cash, this would be known for sure only towards the end of December or in early January.

But even with funding, he would not be ready to start a trial in January, as he would have to look through the mass of documents related to the trial, request further particulars, deal with the question of admissions, and appoint a forensic expert.

Khan suggested a trial date in May or June.

In a letter to the prosecutor in the case, Jannie van Vuuren, which he handed up in court, Khan said Brown was prepared to give a written undertaking that if he did not get enough money together for a full brief, he would "represent himself and be ready for trial by the end of May 2011".

"He further undertakes not to ask for any further postponements on that day for the purpose of getting legal representation or to prepare," the letter said.

Commented Hlophe: "It's very brave of him to do this case on his own, but I don't think it would be fair in the long run."

He asked why Brown could not approach Legal Aid.

Khan said it was a very complex case, and he (Khan) had been involved in it since December 2007. Brown would like to retain his services.

Van Vuuren said the State was ready for trial, and that the delays had been going on for four years.

"I get that deja vu feeling, my lord," he told Hlophe.

Hlophe postponed the case to January 31, for another pretrial conference, not for trial.

Brown is appearing in the high court on fraud, corruption, money-laundering and theft charges relating to the Fundi, Tata, Living Hands, Thabamanzi and Infinity matters.

He is appearing separately in the Cape Town Regional Court in the Antheru matter.

He is out on bail.