Cape Town - Sentencing procedures of convicted fraudster and former Fidentia boss J Arthur Brown were postponed by the Western Cape High Court on Tuesday.
Judge Anton Veldhuizen ordered Brown, who is out on R1-million bail, to return to court on Monday for closing sentencing arguments.
Brown was recently convicted on two counts of fraud after handing in admissions about misrepresentations he made regarding investments he handled for two clients.
His lawyer, Braganza Pretorius, wrapped up his cross-examination of the State's last witness, Financial Services Board (FSB) chief financial officer Dawood Seedat, on Tuesday morning.
Seedat had testified on Monday about the FSB's investigation into Fidentia in 2006.
Pretorius put it to Seedat that the testimony he had given was not suited to sentencing arguments.
“It should have been before judgment. Most of it is hearsay evidence. I'm not going to cross-examine you any further and I object to everything being said,” the lawyer said.
Seedat was allowed to leave the stand.
On Monday, Seedat testified there was a R406-million discrepancy in Fidentia's funds, and its liabilities to clients exceeded their investments in 2004.
At the time, Veldhuizen strongly condemned the State for calling a witness whose testimony was unrelated to Brown's admissions.
“He hasn't been convicted of having stolen any money from Fidentia Asset Management, Fidentia or anywhere else... He hasn't appropriated any client's money. I don't understand this,” the judge said.
“This is not correct. I think the State has mismanaged this. You accepted the plea of the accused on the basis of what he did; he saw potential prejudice.”
Veldhuizen told Brown's lawyer he would take into consideration only the parts of Seedat's evidence which were directly related to the convictions.
“I cannot sentence the accused for something more serious than what he has been convicted of,” he said. - Sapa