Businessman set fire to own machinery

● Firm owner tripped up by video evidence after R6m insurance claim

A Port Elizabeth businessman was found guilty of arson, fraud and obstruction of justice on Tuesday after he was caught on camera seemingly setting fire to machinery before trying to claim more than R6m from his insurance firm.

Stuart McLeod then told investigators that the CCTV cameras at Embroiderite in 7th Avenue, Newton Park, were not in working order.

But it was a remark made in jest by McLeod – about his abilities to set a delayed fire – that created suspicion.

It was found the business owed R180,000 to the taxman.

McLeod was the sole member of Lawmac CC, trading as Embroiderite, a business of embroidery and the labelling of garments. Ambition Financial Services (Pty) Ltd was the broker, with Mutual and Federal as the insurance company.

On March 1 2015, a fire broke out at the premises, causing significant damage to the workshop and machinery.

The following day, McLeod reported a case of arson and said in an affidavit to the police that someone had broken into his workshop and set it alight.

He submitted a claim for R6.2m to Mutual and Federal.

Commercial Crimes Court magistrate Lionel Lindoor found that McLeod had informed police that the CCTV cameras were not working.

But Mutual and Federal investigator Clinton Frieslaar removed the digital video recorder in an attempt to retrieve footage.

The footage submitted to the court showed McLeod on the premises on March 1 2015.

Deon Bekker had testified that he was employed at a company across the road from Embroiderite at the time and discovered the fire early on the morning of March 2.

After a while, McLeod arrived at the scene and they entered the workshop together.

Bekker observed a smouldering fire inside.

David Steyn had leased the premises to McLeod and he said McLeod mentioned to him that he suspected arson by a disgruntled worker.

Steyn told McLeod that they should consult the CCTV footage, but he was told that it was not in working order.

Later, in a general conversation, Steyn heard McLeod saying he had training in the army to cause a delayed fire.

Anina Burger, of Hexagon Fire Investigation, probed the origin of the fire.

She was of the opinion that it had originated at around 8pm on March 1.

She testified that the way McLeod could be seen on video footage placing various pieces of material around the machinery was consistent with how this type of fire spread.

Lindoor also noted in his judgment that McLeod could be seen carrying a bottle, the substance of which he then sprayed on the heads of a machine.

“He then takes pieces of cloth and places them on the working surface of [another machine],” Lindoor said.

Lindoor said there could be no doubt about McLeod’s guilt.

The matter was postponed to May 14 for sentencing.