Former Fidentia boss Arthur Brown "remains a flight risk" and should be taken back into custody, the Cape High Court heard today.

Advocate Craig Webster was arguing for the State in its application for leave to appeal a magistrate's decision to grant Brown R10 000 bail in the Antheru Trust case. Brown has been charged in that matter with fraud involving some R700 000, which carries a potential 15 year minimum sentence.

Webster told Judge Roger Cleaver and acting Judge Elias Matojane that Brown could not be kept under constant surveillance - so nothing would stop him from leaving the country.

Brown's "moment of reckoning" was drawing nearer as his trial approached. His wife and children had gone to Australia after a warrant for her arrest was issued and this had weakened his ties to South Africa, said Webster. "The incentive to go is a very significant one, and the incentive to stay is not very compelling," Webster said.

He said the Cape Town magistrate who granted the bail had misdirected himself on several points.

Brown's advocate Dirk Uijs said his client had already been on bail for more than a year and had not fled. He had complied with all bail conditions and to incarcerate him would make it impossible for him to adequately prepare for trial.

Brown wanted to stay in South Africa and prove his innocence, said Uijs.

The Antheru matter is one of three separate criminal cases against Brown, none of which have yet come to trial.

Cleaver reserved judgment. - Sapa