KZN High Court acquits man in R700 000 email fraud case - The Witness | Your compass in the community
The Pietermaritzburg High Court has overturned the fraud conviction and 15-year prison sentence of Bongani Archibold Jele, who was accused of receiving more than R700 000 in a business email compromise scam.
The Pietermaritzburg High Court has overturned the fraud conviction and 15-year prison sentence of a man accused of receiving more than R700 000 in a business email compromise scam. The court found that the State had failed to prove that Bongani Archibold Jele was involved in the scheme that defrauded a farmer.
Jele was convicted in the Ixopo Regional Court in November 2022 after R709 333.41, paid by farmer David Stone for timber poles, was deposited into a bank account registered in Jele's name. The farmer had obtained a quotation from Treated Timber Products (TTP) and accepted an amended quotation in April 2021.
After receiving an invoice by email, Stone transferred the amount on April 23, 2021. However, when TTP later informed him that the payment had not been reflected in its bank account, Stone discovered that the account number on the payment differed from the company's banking details.
Fraud scheme details
The court heard that the fraud involved the interception of emails between Stone and TTP. The fraudster allegedly altered the invoice by replacing TTP's banking details with another account number belonging to Jele. The fraudster also allegedly intercepted Stone's proof of payment and altered the reference to make it appear that the money had been paid into TTP's correct account.
Evidence from First National Bank confirmed that the account reflected on the altered invoice belonged to Jele. The bank also confirmed that Jele had opened the account, changed the cellphone number linked to it and obtained a replacement bank card.
Court's reasoning
Jele admitted opening the account but told the trial court that he had been persuaded by a person known as Ma-Africa to sell it to another person, Sheppard, for R500. According to Jele, Sheppard was allegedly a foreign national who could not legally open a bank account in South Africa.
Judge Rob Mossop, with Judge President Thoba Poyo-Dlwati concurring, said the State had relied primarily on the fact that the money was deposited into an account registered in Jele's name. The judgment found that Jele's explanation had not been disproved by the State and remained reasonably possibly true.
The State had conceded during the appeal that the fraud conviction could not stand. The State had also considered an alternative conviction of theft but accepted that the evidence was insufficient to support it.
The High Court concluded that Jele's guilt had not been established beyond reasonable doubt and set aside both his conviction and 15-year sentence. The case highlights the challenges in prosecuting email fraud schemes where intermediaries may be unwitting participants.
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