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Cape Town - Two men accused of defrauding Fidentia Holdings launched an application in the Bellville Specialised Commercial Crimes Court on Wednesday for details of the charges against them.
"The State flatly refuses to give us any particulars at all, and it is shocking that the State should be so reckless," said defence attorney Mike Hellens.
"We desperately want to go to trial in October, but we need to know and understand the case first."
Hellens said the State had provided the contents of the docket, but that this was not enough, and prosecutor Max Orban had failed to assist.
He submitted that Orban had amended the charge sheet three times, resulting in three versions of the charge.
"Orban tells us to go read the docket, but what we need are details of the charge. We can read the docket from beginning to end, but that does not necessarily inform us about the charge against our clients," he said.
"The State says they are not answering any of our questions pertaining to the charge, and that we must work it all out ourselves."
Hellens said if he did not get the details of the charges, he would apply to have them quashed.
Orban said the details of the charges would emerge under cross-examination.
Melvyn Ivor Cunningham, 70, is accused of fraud along with chartered accountant David Anthony Warren, 42.
It is alleged that Fidentia Holdings bought shares in the M I Cunningham Trust for R160m through alleged false financial statements prepared and audited by Warren.
This happened between 2005 and 2006 when Fidentia was represented by its former CEO J Arthur Brown.
The transaction resulted in Fidentia losing the R160m.
Cunningham, who has advanced Parkinson's disease, is due to go on trial with Warren on October 14.
Cunningham's former attorney William Booth also called for the withdrawal of the charge against Cunningham.
Magistrate Sabrina Sonnenberg will rule on the application on Friday.
