A Botswana fraudster is set to appear at North West High Court in Mahikeng to face fraud case. The fraud case against Daniel Smit was postponed until 9 February 2018. National Prosecuting Authority (NPA) regional spokesperson, Frank Lesenyego said Smit was convicted of four counts of fraud totalling R6 887 820 on 11 December 2017.
Lesenyego further said the accused resides in Botswana, but does business mostly in the North West.
“Smit defrauded farmers in the North West area as well as a family member, who practises as a medical doctor in Canada. The accused committed the crimes mainly by taking possession of cattle and maize without paying, receiving money to purchase cattle on behalf of complainants and failing to purchase the cattle and failing to return their money.
“Smit was sentenced to undergo 10 years imprisonment, which was wholly suspended on the conditions that he repays the complainants, Jan Le Roux, Gerhard Meyer, Johan Schikerling and Basie Spies a total amount of R4 400 000, 00 on or before 11 January 2018. He should not be convicted of fraud, theft or any other crime involving an element of dishonesty committed during the 5 year period,” he said.
Lesenyego added that Smit’s wife, Cornelia Elizabeth Steinberg-Smit was initially charged with him, but charges against her were withdrawn as Smit pleaded guilty.
Judge Samkelo Gura said: “On the 11th of December 2017, Mr Smit appeared before this court and he was convicted on several counts of fraud and sentence was imposed on him accordingly.
“All these amounts had to be paid to the four different complainants by the 11th of January 2018. On the 15th of January 2018, the accused appeared before court that was during recess. The duty Judge at that stage was my sister Judge J because the case then had to serve before the trial Judge who originally sentenced the accused.
“However, because of my unavailability on the 11th of January 2018 due to the high court has recessed, the case was postponed until today (29th of January 2018). Today the accused appears and he is represented by Mr Themba Gura who has stated to the court that the accused attorney is not available today,” Gura said.
Gura said it has been placed on record before the court that on the 15th of January 2018 when the accused appeared before another Judge, whether he had been brought before this court whether with a warrant of arrest or he appeared his own.
“The Judge who heard this matter on the 15th of January 2018 directed that the accused must be retained in custody until today. I am entitled to regard this as a first appearance because on the 15th of January 2018 was actually during the recess of High Courts of South Africa.
“Therefore, this means that it was not possible that this matter to be heard and the accused to be committed to prison. So, today the recess period has ended in all High Courts of South Africa. This is the first day after a recess and I am faced with the application by the state to commit the accused to jail for his failure to comply with the court order directing him to pay R4.4m by the 11th of January 2018,” Gura said.
He added that Mr Gura informed the court that the attorney for the defence promised to be available on Friday next week. Gura said that will be appropriate to grant the accused a chance until next week.
“This is the first appearance of the accused today and the accused must be granted this chance until Friday next week. I decided not forgetting that the matter has been pending quite for a number of months before sentencing in 11 December 2017. The implication of the decision of the court today if the court will refuse the postponement could have a potential that accused will have to serve from now immediately 10 years imprisonment.- Newsnote
The Guardian 