The case in which Waverley Plastics boss Aron Vico is accused of fraudulently taking over the company may continue before the courts after the aggrieved complainant, Amanda Berkowitz, lodged a complaint against his acquittal at the Judicial Services Commission (JSC).
Vico is accused of forging documents and falsifying share allotments in order to dilute the shares of two real shareholders, Amanda Berkowitz and Belynda Halfon.
Magistrate Francis Manuwere ruled that no crime had been committed because the Companies Registry was not a legal persona until 2019, when the alleged fraud took place.
However, in her letter to the JSC, Berkowitz argues that the acquittal of the accused by the magistrate was “boringly predictable” because he was acquitted based on a loophole that the Companies Registry was not a legal persona prior to 2019.
She further argues that the magistrate, in his ruling, “fell for the ruse of the exception.” She also states that the evidence submitted in court was materially false, in particular that Aron Vico was referred to in the application for exception as the director of Waverly Blankets and not Waverly Plastics, as indicated in previous High Court proceedings.
Berkowitz is calling on the JSC to investigate the magistrate’s ruling and to take appropriate action.