[ad_1]
Former Fidentia chief J Arthur Brown (C) is seen among the protesters at the Western Cape Superior Court in Cape Town on Wednesday May 15, 2013. He was fined R150,000 and was given a suspended prison sentence for two fraud convictions. (Image: Nardus Engelbrecht / SAPA)
Pension fund scammer J Arthur Brown is one of approximately 19,000 low-risk prison inmates to be released as part of President Cyril Ramaphosa’s special parole waiver.
Nineteen thousand “low-risk prisoners” will be released, announced the Minister of Justice and Correctional Services, Ronald Lamola, in Pretoria on May 8, 2020.
NEAR
Among them, Daily maverick has confirmed that it could be the scammer J Arthur Brown, who was serving a 15-year prison sentence at Voorberg prison in Stellenbosch.
He will be a free man if the parole board agrees with the recommendation.
The release of the inmates will take place over a period of 10 weeks and will begin as soon as all the Parole Board processes “have been completed and all relevant rehabilitation and pre-release programs are taken care of,” Lamola announced.
This would be an opportunity for Brown’s victims to oppose parole, but if the board finds that Brown has served more than half of his sentence, he will most likely approve his release.
In a statement, the Presidency said: “The parole waiver will apply to low-risk inmates who have passed or are approaching their minimum period of detention in the next five years.”
“This waiver excludes inmates sentenced to life in prison or serving sentences for other specific serious crimes, including sexual offenses, murder and attempted murder, gender violence and child abuse.”
The president’s decision to combat the spread of Covid-19 in correctional facilities could alleviate the country’s correctional service facilities for approximately 12% of inmates in a population of 155,000.
Lamola during his briefing said the action was not a decision they made lightly.
“This is not something that the Department of Correctional Services can easily do. Simply because the interest of justice and society demands the opposite of us.
“But the spread of the virus continues. We should act decisively and prevent this invisible killer from multiplying rapidly in our centers, “continued Lamola.
In 2014, Brown, a senior, was sentenced to 15 years for the theft of R1.4 billion from widow and orphan pension funds managed by his firm, Fidentia.
He had originally escaped severe sentences, receiving a R150,000 fine and a suspended sentence.
But the Supreme Court of Appeals overturned this and sent Brown to jail. Around 54,000 trusts were attracted in what became known as the Fidentia scandal.
How Daily Maverick’s Rebecca Davis On December 2, 2014, Brown, after his original conviction on two counts of fraud, launched a campaign to blame the Financial Services Board and Fidentia’s curators for Fidentia’s downfall.
Brown had claimed that the true villains in the case were Dines Gihwala and George Papadakis, appointed conservators in 2007. Until the conservatorship, he alleged, Fidentia had been able to meet its responsibilities.
Brown’s original case was postponed 16 times. In the SCA ruling, the National Fiscal Authority was punished for its handling of the case.
Brown had lived a luxurious life with widows and orphans’ pension funds that invested their money in vacation homes and luxury vehicles.
Lamola, announcing the placement on parole of selected categories of convicted criminals, said the president had taken the step in response to a United Nations call for all countries to reduce the prison population.
This is so that the conditions of physical distancing and self-isolation can be observed during this coronavirus pandemic. The facilities of the correctional service are considered to be at high risk of infection.
South Africa, like other countries, has had outbreaks of coronavirus infections among inmates and staff, Lamola said.
“Inmates who will be affected by this decision will be released on parole instead of their sentences being forwarded. Therefore, they will continue to serve their sentence under Community Corrections until they reach their respective sentence expiration dates,” said Lamola. .
National Correctional Services Commissioner Arthur Fraser added that the crimes committed by most of those on probation were “misdemeanors or crimes of necessity.” It applies to low-risk inmates who have passed their minimum period of detention or are approaching this period in the next five years.
The process will be judged on a case-by-case basis, while a comprehensive selection process will be carried out. Discussions with victims will be conducted electronically.
The Judicial Inspection of Correctional Services (JICS) said Daily maverick It fully supports the decision, adding that it was something the government had previously been urged to seriously consider.
“JICS warmly welcomes the announcement of the release of 19,000 prisoners to alleviate overcrowding and mitigate the spread of the virus and prevent uncontrollable outbreaks of COVID-19,” said Inspection Judge Judge Edwin Cameron. “This is especially true since many other jurisdictions and countries have already released prisoners for these reasons. The launches have strong support in international law and practice. “
Cameron added that Jics would provide its support and cooperation as an oversight body to assist with any information that may be required or requested in the coming weeks. DM
Comments: share your knowledge and experience
Please note it must be a Maverick Insider to comment. Register here or if you are already an Insider.
