Pakistani grilled in jeweller fraud case

Businessman Zehoor Khan was cross-examined intensely in the fraud case involving jeweller Ferial Baboet and her husband.

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Cape Town - A rich Pakistani businessman was hard-pressed in a court on Thursday, to explain why he went to the police instead of a lawyer, about money he had loaned to the owner of a jewellery store.

Businessman Zehoor Khan was cross-examined intensely for two days running, by defence lawyers Grant Smith and Aadil Kirsten.

His frequent outbursts livened up the proceedings in the Bellville Specialised Commercial Crime Court, before magistrate Sabrina Sonnenberg.

Before the court were jeweller Ferial Baboet and her husband, Denish Nathoo, owners of the jewellery store Damjee Bros.

They have pleaded not guilty to 170 counts, including fraud, in which they are alleged to have lodged a false insurance claim involving a faked robbery.

The defence maintains that the case is a civil matter, revolving around the R2 million that Khan claims to have invested in the jewellery business, after it had suffered a robbery.

The defence claims that the transaction was a loan, and not an investment, and that the case has no place in a criminal court.

Khan claimed he gave Baboet the R2 million as an investment in her business, on the understanding that the money would be repaid in two weeks from an insurance payout.

He was also to receive profits from the jewellery business.

Questioned about the investment, he said: “This happened way back in the day, in the year 2010 – it was when the robbery happened.”

Khan alleged that Baboet had “conned” him into making the investment.

Asked in what manner she had conned him, he replied: “Whether she repays my money from insurance, or from profits from her business, I must get my money.”

The defence asked if the misrepresentation was Baboet’s undertaking to repay his money from the insurance payout, or her offer of a share in the profits of the business.

He replied: “She phoned me and said she will pay me when the insurance paid her R3,2 million, but she wasn’t getting that money.”

Advocate Smith said Baboet would deny that she informed Khan of any robbery.

Khan insisted she did, and added: “She asked if I can assist her with the money – she was crying and begging.”

Questioned further, he exclaimed: “This woman is too clever, but I couldn’t see it at the time – she’s a very clever woman.”

As Khan became increasingly agitated, Smith addressed him as Mr Damjee by mistake.

The error sent Khan over the edge, despite Smith’s profuse apologies.

“I am not Damjee!” he said angrily.

On one occasion, Khan apologised to the magistrate for his outbursts: “When I get cross, sometimes I cannot speak. You don’t know what I went through because of all this.”

The case continues on February 16 next year.

ANA