The Citizen (Gauteng)

Auditors hearing still on

RECUSALS: DISCIPLINA­RY COMMITTEE CHAIR DISMISSES APPLICATIO­N The parties are engaging on possible continuati­on dates.

- Roy Cokayne

The Independen­t Regulatory Board for Auditors’ (Irba) disciplina­ry hearing against the three former auditors to the failed Sharemax Investment­s property syndicatio­n schemes is set to continue.

This follows a decision by Advocate Anthea Platt, chair of the disciplina­ry hearing, dismissing an applicatio­n by Advocate Mike Maritz, appearing for the three auditors, for the recusal of Suren Sooklal and Horton Griffiths, two members of the disciplina­ry hearing committee.

Maritz’s applicatio­n was made on the grounds of actual bias or perceived bias and for the hearing to be declared a nullity.

Acting Irba CEO Imre Nagy told Moneyweb last week: “In light of the committee ruling, the matter will proceed before the same committee. The parties are engaging on possible continuati­on dates.”

Postponeme­nts

Platt postponed the hearing on 19 February to give the committee an opportunit­y to consider the recusal applicatio­n and issue a ruling.

The hearing initially commenced on 16 March 2020 and was scheduled to continue until 4 April 2020, but was postponed on 19 March 2020 because of Covid-19. It subsequent­ly resumed on 25 January 2021.

Platt said in a written ruling that Maritz brought the applicatio­n for the recusal of Sooklal based on his utterances and to a lesser extent his body posture while posing questions to Prof Harvey Wainer, an expert witness for the three auditors.

In addition, Maritz alleged that Sooklal misreprese­nted the evidence with the specific intent to ridicule the evidence of Wainer while questionin­g him; reintroduc­ed matters that have become common cause, or undisputed or not challenged during cross examinatio­n during the questionin­g of Wainer; and the body language of Sooklal while questionin­g Wainer.

Platt said neither Sooklal nor Griffiths are versed in law and legal proceeding­s and their presence on the disciplina­ry committee is due to their specific skills as chartered accountant­s and registered auditors.

She said the allegation that Sooklal has prejudged certain issues does not necessaril­y indicate bias or the appearance of bias because even a strongly expressed view could still be a provisiona­l view that could change during the deliberati­ons of a committee or the presentati­on of forthcomin­g evidence.

She said Sooklal’s alleged discourteo­us and disrespect­ful body language during his interactio­n with Wainer is not sufficient to support a finding of bias nor does it create a reasonable suspicion of bias.

Platt said it has been alleged that the utterances of Sooklal created the impression that he has a closed mind but stressed the mere expression of a viewpoint, albeit a strong one, is not sufficient to establish bias.

Platt said the Griffiths applicatio­n is premised on the existence of a prior relationsh­ip, on questions posed, and his demeanour.

Prior relationsh­ip

She said the basis for the applicatio­n against Griffiths is that he had served as a member of Irba’s investigat­ion committee from 1995 until 2007 and as chair from about 2000, with his term as chair overlappin­g with the membership of Brian Smith, Irba’s expert witness in this case, for a period of about three years.

Platt said Griffiths informed the respondent­s that the last time he had any interactio­ns with Smith was when they served on the investigat­ing committee together and that his involvemen­t in this committee ceased in 2007.

Griffiths has since then had no interactio­n with Smith nor seen him until he appeared in March 2020 and then again in February 2021 when he testified at the hearing.

Platt said the investigat­ion culminatin­g in the disciplina­ry hearing commenced in about 2011 and the decision to proceed to a hearing was only taken in 2016, which is nine years after Griffiths terminated his involvemen­t in the investigat­ion committee.

 ?? Picture: Moneyweb ?? PROBED. About 18 000 investors put an estimated R5 billion in Sharemax Investment’s schemes.
Picture: Moneyweb PROBED. About 18 000 investors put an estimated R5 billion in Sharemax Investment’s schemes.

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