The judge in the Fidentia trial on Monday cast serious doubts on the way prosecutors were handling the matter.
Sentencing arguments for former Fidentia boss J Arthur Brown continue in the Western Cape High Court with a representative from the Financial Services Board taking the stand.
Brown has pleaded guilty to two charges of fraud amounting to hundreds of millions of rand, in a case that's been dragging on for more than six years.
Brown sat in the dock jotting down notes in a large file.
The Financial Services Board's CFO Dawood Seedat took the stand testifying about their initial 2006 probe into Fidentia and how they found that more than R4-million in the company’s funds were unaccounted for.
Brown shook his head and laughed quietly at some of Seedat's testimony. An irritated Judge Anton Veldhuizen then stepped in, asking prosecutors to explain what Seedat's testimony had to do with finding an appropriate sentence for Brown based on his two fraud admissions.
The judge also accused the state of mismanaging the entire case saying Seedat should have testified before Brown entered a plea deal with the state.
Earlier in the trial, Brown told the court the saga had affected many people especially his two children.
He was recently found guilty on two counts of fraud, related to dealings with the Transport Education and Training Authority and the Mantadia Asset Trust Company.
He was acquitted on seven other charges of corruption, money laundering, theft, and fraud.
The minimum sentence for fraud is 15 years in jail, unless extraordinary circumstances can be proved.