Former prosecutor loses fraud appeal

2007-11-16 00:00

Judge Kevin Swain with acting Judge Adrian Rall found yesterday there was no prospect another court would come to a different conclusion.

Ngubane asked for leave to appeal against a decision by Judges Noel Hurt and Swain earlier this year confirming his conviction on two counts of fraud together with a sentence of three years' imprisonment, 18 months of which was conditionally suspended for five years.

The two counts of fraud relate to Ngubane having presented a false identity document to a dealer who sold him a Toyota vehicle, and to the finance house that assisted him.

The court found that Ngubane traded in a Nissan car, which was subsequently found to be stolen and confiscated by police.

When the dealer took the matter up with Ngubane, the prosecutor denied being the buyer of the Toyota and claimed it was his twin brother.

The appeal court found there could be no doubt that it was Ngubane who presented the false identity document, and ruled his convictions and sentence should stand.

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