Fidentia judge will not recuse himself

The Cape High Court has dismissed an application by embattled Fidentia boss J Arthur Brown for Justice Dennis Davis to recuse himself.

Browns's lawyer, Rashaad Khan, wanted the judge's recusal because he believes he expressed what he terms preconceived prejucidicial views about the Brown family. This was in relation to comments that Davis made last year which he suggested that Brown has stolen millions of rands.

Justice Davis however dismissed Khan's arguments, questioning why they did not bring the application at the time of his making the comments. He says the appeal was an abuse of the legal process. Khan has been ordered to personally pay for the costs of the application. Khan has indicated that they will petition the Supreme Court of Appeal to rule on the matter.

Brown did not appeal against a provisional sequestration order handed down by Davis last year, as was expected. The order froze assets worth over R24 million. An application by Fidentia curators to have the order made final will be heard in April.

In a related case, the Cape Town Regional Court reduced Brown's bail conditions earlier today. He faces fraud and theft charges involving about R4.5 million. Brown is now required to present himself to the Milnerton Police Station once a week instead of twice. He may also receive telephonic permission to leave the Western Cape, instead of written permission.