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State caught sleeping in Fidentia case

Cape Town - The State was caught off-guard when doubts were raised about admissions made by former Fidentia boss J Arthur Brown, the Western Cape High Court heard on Monday.

"My view of the proceedings on Wednesday was that we would stand up and ask for conviction as pleaded, which did not happen," said prosecutor Jannie van Vuuren.

He said it was the State's belief that the key admissions Brown made on two counts were sufficient for conviction for fraud.

If the court had concerns about the strength of the admissions, it should ask for a plea explanation, he argued.

At worst, the State would apply for the case to be re-opened.

Brown last week admitted some culpability regarding Fidentia's dealings with the Transport Education and Training Authority (Teta) and Mantadia Asset Trust Company (Matco).

Judge Anton Veldhuizen said at the time he had difficulty with the Matco admissions as he was not sure whether they were enough to convict Brown.

Van Vuuren said Brown's intention had been, at all times, to admit guilt in the admissions, regardless of the format or ambiguity in the document.

"It's obvious that what we are dealing with here is an oversight, an innocent oversight."

He said the admissions showed conduct and intent, which was all that was needed to prove fraud.


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