Fatima Schroeder
13 November 2009
Fraud accused Arthur Brown has withdrawn his Cape High Court bid to have the prosecution against him permanently stayed and has agreed to pay costs.
The former Fidentia boss on Thursday filed a notice of withdrawal after the State agreed to consolidate his three fraud cases into one.
Brown's attorney, Renen Padayachee, confirmed the decision. He said Brown had withdrawn his application in order to to "dispel" allegations that it was a delaying tactic.
Padayachee said the State had reserved its right to proceed with the cases separately if the investigation suggested this was a better route.
Asked why Brown had agreed to pay costs in light of his having been placed under sequestration, Padayachee said "it was the fair thing to do". Brown "will have to find the money to pay for it", he said.
When Brown applied for bail last year he claimed he was broke.
The Cape High Court granted a final sequestration order against him and his wife, Susan, last November after finding they were "hopelessly" insolvent. His wife later moved to Australia and he struck up a relationship with Annelize van den Bergh.
There are three prosecutions pending against Brown: one involving Fidentia and the Transport, Education and Training Authority; another involving the investment concerns Fundi and Infinity; and a third relating to the Antheru Trust.
A date for the consolidated trial has yet to be arranged.
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