Mistaken R1,3m deposit beneficiary under pressure
Accused had audacity to donate to charity, said State.
Brandon Benett, who stands accused of having withdrawn R1,3 million from his bank account within a week after it was mistakenly deposited into his account, is feeling the heat as he has a month to show intent to pay back the money and thus positively influence his sentence.
Although Benett undertook at his previous appearance on 4 August to pay R500 000 to the complainant, Justin Swanepoel and the investment holding company he is a director of by today (5 September), he only managed to come up with R200 000. His lawyer blamed this on”a delay by the bank” from which Benett borrowed the money.
Also read: Man in dock again for spending R1,3 million mistakenly paid over
Benett has now pledged to pay another R100 000 tomorrow and another R220 000 by 31 October. The remaining outstanding money, if Magistrate Baloyi accepts the offer, will be paid in increments of R20 000 a month until such time that the R1,3 million has been fully recovered.
The State, represented by Prosecutor Kotoli, insisted that Benett be sentenced to the minimum jail sentence of 15 years’ imprisonment, but also said that if the State suspended his sentence, he should not only pay back the R1,3 million – he should also pay back the interest. The defence argued that the law made no provision for interest to be paid.
Kotoli said that even after Benett was notified that there had been an error at the bank, he continued spending the money, on medical treatment among other things, even though he had alternatives. She also said he “had the audacity to donate some of the money to charity”. She echoed the words of Fazlin (Justin’s wife), saying that Benett was not sorry for what he had done – instead, he was sorry because he was caught. Kotoli then referred to the Record’s article in which Benett wanted “to tell his side of the story”. She questioned why in the article he said he forgave the Swanepoel’s instead of begging them for forgiveness. The defence was not happy about this and said the article was not part of evidence. Baloyi then asked that a copy of the article be submitted for his perusal. Kotoli also said that when it comes to sentencing, the court is not bound by the probation report which suggests Benett be put under house arrest and correctional supervision.
Also read: Man accused of spending R1,3 million mistaken deposit speaks out
Baloyi postponed sentencing to 2 November in the light of Benett’s undertaking to pay R420 000 as agreed by 31 October, wanting to see if he will honour his promise. He added that if Benett could pay more than the stipulated amount by 31 October “it would count in his favour”.
Benett, then a resident of Maraisburg, moved the R1 357 601 from his account to 14 other accounts after it was erroneously paid into his account on 12 September 2014 by Swanepoel. The money was meant for a shareholder.
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