Top cops’ fraud trial date set today

EASTERN Cape SAPS communications head Brigadier Marinda Mills is set to appear in the Zwelitsha Magistrate’s Court today with two co-accused on fraud charges.

Mills was arrested and released on warning in December 2015 after allegedly signing off on a fraudulent travel claim submitted by an official in her office.

National Prosecuting Authority (NPA) spokesman Tshepo Ndwalaza said the delay was because there had been no magistrate to preside over it.

Ndwalaza said another delay was that the attorney of one of the three accused, Keith Essau, was not prepared for the case.

“[Essau] had instructed the Legal Aid Board to represent him [only] last week, and as a result the Legal Aid attorney, Mr Nabela, was not ready to proceed.

“We can confirm that only the state, and accused one [Nicole Brown] and two [Mills] were ready to proceed with the trial.”

A date for the start of the trial would be set today by a new magistrate, James Fritz.

Ndwalaza said all the parties involved including state witnesses had been told about the changes and today’s court appearance.

Brown, a lieutenant-colonel at the Zwelitsha SAPS Music Band Unit, is accused of submitting a travel claim of R3 553.70 for a trip to Pretoria that never took place.

Her direct supervisor, Mills, approved the claim knowing it was fraudulent, according to the state’s case.

Brown had also submitted two invoices from Morningside City Lodge. Both invoices were dated five months after the fake trip had taken place, according to court papers, which argue that Brown booked a room to sleep at Morningside City Lodge in Sandton, Johannesburg on March 15 2013.

She booked under a fake name – Lieutenant-Colonel Hoey – for the stay of Mr N Brown. Both Hoey and Brown are the surnames of the same Nicole Brown.

An occurrence book of the music band offices at Bulembu shows that both Mills and Brown were in fact together at the time of the trip on March 14.

The court papers claim that a member of the public – a Mr Keith Essau – instead undertook the SAPS-funded trip disguised as a Mr Brown from SAPS.

Essau is now accused number three in the case.

The three – Brown, Mills and Essau – are accused of fraud, forgery and uttering.

They are accused of working together and each assuming key roles in committing the crimes.

In August last year an internal SAPS disciplinary committee found Mills guilty of negligently signing a travel claim without first verifying its legitimacy and contravention of Public Finance Management Act regulations.

Mills retained her R60 000 per month post despite being found guilty. — malibongwed@dispatch.