The owner of Versus Auto Sales and his business partner were each placed on $150,000 bail when they appeared before acting Chief Magis-trate Melissa Robertson on Friday charged jointly with obtaining money by false pretence.
Wayne Barrow, 51, of 72 Queen Street, Kitty is the owner of the auto sales business based in Queenstown while his business partner Davenand Pooran, 57, resides at 61 Atlantic Ville, ECD.
It is alleged that between November 24, 2009 and March 5, 2010 with intent to defraud they obtained $3.6M from Aleemul Ali by pretending to be in a position to obtain and acquire a Toyota Picnic motor car knowing same to be false, being the property of Ali.
They both pleaded not guilty and were represented by attorney Leslie Sobers. Sobers in his bail application said that the matter was at best, a frustration of a contract and at worst, a breach of contract. He said that the vehicle is at the wharf but the defendants are finding it difficult to clear it.
Further, he said that his clients gave Ali a vehicle to use while the transaction was being completed. Sobers thereafter questioned the jurisdiction in which the charge was laid. The attorney said that the offence is a breach of contract and as such should be tried in the High Court.
He asked for bail to be granted since his clients had cooperated with the police and have strong ties to the community. He added that they were not flight risks and will present themselves to clear their good names and restore faith in their business. He asked for them to be released on their own recognisance.
Police Prosecutor Stephen Telford said that the defendants told Ali that they would be able to supply a vehicle within 60-90 days after the receipt of the money. However they have been unable to give the vehicle to Ali. He asked for bail to be refused.
However they were placed on $150,000 bail each and the matter transferred to Court 10 for July 28.
