Former Fidentia chief executive J Arthur Brown has filed papers with the Constitutional Court to apply for leave to appeal his 15-year sentence for fraud, The New Age reported on Thursday.

In the affidavit Brown argues that if he were in custody he would not be able to help recoup funds that went missing during his tenure.

Brown was convicted on two fraud charges relating to his handling of investments for the Transport Education and Training Authority and the Mantadia Asset Trust Company between 2002 and 2006.

According to the affidavit: “The [Supreme Court of Appeal] SCA are depriving the investors from their rights to be treated fairly and to be considered in the criminal justice process.

“Furthermore the investors are now being deprived of their rights to restitution and compensation as the accused cannot assist them in their efforts against the [Fidentia] curators.”

Brown was sentenced to 15 years’ imprisonment on each of two fraud charges in the SCA in December. The sentences would run concurrently.

This came after the National Prosecuting Authority appealed the R150,000 fine (R75,000 for each fraud charge) and suspended jail term handed down by the Western Cape High Court last May. SAPA