J Arthur Brown held at Cape prison

Former Fidentia boss J Arthur Brown. File picture: Candice Chaplin

Former Fidentia boss J Arthur Brown. File picture: Candice Chaplin

Published Dec 3, 2014

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Cape Town - Former Fidentia boss J Arthur Brown is being held at the Goodwood prison in Cape Town, the justice department said on Wednesday.

“Arthur Brown has just presented himself at Goodwood correctional centre in the Western Cape to start his 15-year jail term,” spokesman Mthunzi Mhaga said.

“He is being assessed upon admission and will determine which section he will be incarcerated after the assessment.”

On Monday, the Supreme Court of Appeal (SCA) sentenced him to 15 years imprisonment on each of the two fraud charges he pleaded guilty to. The sentences would run concurrently.

The Western Cape High Court's Judge Anton Veldhuizen initially sentenced Brown to a R150 000 fine (R75 000 for each fraud charge) or a suspended jail term.

Brown pleaded guilty to two fraud charges relating to his handling of investments for the Transport Education and Training Authority and the Mantadia Asset Trust Company between 2002 and 2006. He had originally faced 192 charges.

The National Prosecuting Authority appealed the sentence.

SCA Judge Mahomed Navsa and four other judges found the State had cause for complaining about Veldhuizen's attitude during the trial. He found Veldhuizen was antagonistic to the State's case and repeatedly intervened to Brown's benefit.

“A judicial officer faced with continuing evidence that trust monies were being used in the manner described... ought to have been concerned about the propriety of such action rather than repeatedly seeking to excuse it,” the judgment read.

“I agree with counsel for the State that the judge's behaviour reflected in these passages is deserving of censure.”

The SCA found Brown's personal circumstances were not enough to deviate from the prescribed minimum sentence of 15 years for fraud.

It believed there was little remorse on Brown's part and that during his testimony he showed a lack of insight into the gravity of his conduct.

Navsa believed a fine tended towards bringing the administration of justice into disrepute.

Sapa

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