Perly kingpin faces long stretch
Facing up to 25 years in prison or a fine of up to R100m, convicted racketeering kingpin Julian Brown appeared dejected as he was led to the holding cells after presentencing proceedings in the Port Elizabeth High Court on Wednesday.
Brown, 32, and his co-accused, Eugene Victor, 33, and Brandon Turner, 38, were convicted on charges of racketeering and contravening the Marine Living Resources Act on Tuesday.
Victor was also convicted on a string of other charges, including forgery and fraud.
During arguments in aggravation of sentence on Wednesday, prosecutor Martin le Roux highlighted what the maximum prescribed sentences were for the charges of racketeering and contravening the Marine Living Resources Act.
“Moral blame must be considered,” he said.
“[Brown] was the hidden man and it is not necessary to prove how much money he made or how much [perlemoen] he had on him.”
Le Roux said it was important for the court to consider that Brown had been actively involved in perlemoen poaching activities through the illegal racketeering enterprise he managed and ran.
“The point of the matter is that it was a criminal enterprise,” Le Roux said.
The prosecutor did not ask the court to impose a specific sentence, but highlighted that racketeering held a maximum sentence of a R100m fine or 25 years’ imprisonment, emphasising the seriousness of the crime.
In mitigation of sentencing, Brown’s sister, Nicola Hattingh, 35, asked judge Mandela Makaula for leniency, saying her brother was a caring and gentle person who supported many friends and family members.
“He is a heartfelt, genuine and compassionate person.
“He provides for multiple families with children. He does not belong in jail, he has so much to offer,” Hattingh said.
“He has never been a thug and will never be a thug.”
According to Hattingh, Brown runs a successful construction company, but when asked for more details by Le Roux, she could not say how long the company had been running or how many people were in Brown’s employ.
Hattingh also told the court about an incident in which Brown had assisted in helping a man out of his burning car while stuck in a protest.
Hattingh could, however, not say when the incident took place or offer further details.
She later admitted when pressed by Le Roux that she did not know much about her brother’s personal affairs – and denied having knowledge of his racketeering activities.
“I don’t know a lot about his life,” Hattingh said.
Taking to the stand after his sister, Brown said that he employed 20 people and had been assisting the ANC in the metro with projects in Walmer township
Brown’s legal representative, advocate Terry Price SC, asked Makaula to consider the fact that Brown was never caught with perlemoen on him and that putting him in jail would not make him a better person.
“There is no violence here, he learnt his lesson.
“Chucking him in jail would be pointless,” Price said.
Neither Turner nor Victor brought witnesses to testify on their behalf during the arguments in mitigation.
Their legal representative, Paul Roelofse, asked Makaula to take into consideration that his clients were merely “runaround guys” for Brown and that they did not benefit financially from their involvement with him.
“There is no evidence that [Turner or Victor] were involved in the syndicate [or] that they were the owners [of the enterprise],” Roelofse said.
Shortly before Makaula postponed the matter, Price asked the court to consider extending Brown’s bail, but Makaula dismissed this, saying he had dealt with the matter on Tuesday after he convicted Brown and his co-accused.
The case was postponed to March 1 for sentencing.