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Fidentia chief's application 'an abuse of judicial system'

CAPE TOWN, SOUTH AFRICA Jan 21 2008 16:09

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An application in the Cape High Court on Monday, concerning sequestration proceedings involving Fidentia's J Arthur Brown and his wife, Susan, was "an abuse of the judicial system", Cape High Court Judge Dennis Davis said.

In December last year, Judge Davis ordered the provisional sequestration of Brown and his wife's joint estate, and set January 15 as the "return date" for the Brown couple to oppose their sequestration being made final.

During the December proceedings, the judge made remarks such as "We are dealing with a man [Brown] who has misappropriated millions of rands"; "We have to do here with the plight of widows and orphans"; and "We are dealing with a person [Brown] who has numerous criminal charges against him in relation to the misappropriation of monies of widows and orphans."

The Brown legal team, Rashad and Rushdi Khan, alleged in court papers that these remarks indicated the judge's bias towards the Browns, and in court requested his withdrawal from the case -- which Davis refused.

The purpose of Monday's proceedings was an application for leave to appeal against the judge's refusal to withdraw from the case.

Papers before the court on Monday included affidavits by forensic investigator Bradley Vester, and attorney John Hunter, both of whom had been present at the December proceedings.

Both said the judge's remarks were a violation of the Brown couple's constitutional right to a fair trial.

At Monday's short proceedings, Davis dismissed with costs the application for leave to appeal his refusal to recuse himself, and said the application amounted to "an abuse of the judicial system".

The Browns' legal team said they now had instructions to petition the chief justice for leave to appeal the provisional sequestration order -- this despite the fact that the Browns are to have an opportunity on April 17 to give the court reasons why their joint estate should not be declared finally sequestrated.

CONTINUES BELOW

On January 15, when the case was on the roll as the return date for the provisional sequestration order, the return date was extended in the privacy of the judge's chambers to April 17. -- Sapa

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