A psychiatrist was convinced former Fidentia boss Arthur Brown was in fact raped by a fellow prisoner earlier this year, he told the Cape Town Magistrate's Court on Thursday.

Dr Pieter Cilliers also told the court there had been an earlier incident in which prisoners tried to push something up Brown's rectum in order to smuggle it into Pollsmoor prison.

Although it was not mentioned in court, it is understood the substance was dagga.

Cilliers was testifying in a fresh bail application by Brown, who has been in custody since his arrest in May on R700 000 fraud and theft charges related to the Antheru Trust.

Brown's legal team claimed less than a week after the arrest that he had been raped in the back of a vehicle ferrying prisoners from the courts, a claim which has been treated with scepticism by prosecutors.

Cilliers said, however, that based on medical evidence and his own repeated interviews with Brown, he was convinced Brown had suffered traumatic anal penetration by "a male organ".

He had initially approached the issue "quite suspiciously", thinking it could be a ruse by Brown to secure better conditions.

However, Brown's story had been absolutely consistent.

Cilliers said that after a period of severe depression in which he had been temporarily unable to give instructions to his attorneys or stand trial in another matter, Brown's mental state had improved significantly.

Brown was not in full remission, but he was able to make decisions, and could deal with legal processes.

His condition now was one of major depression and post-traumatic stress disorder, in partial remission, with underlying bipolar mood disorder.

The stress disorder was mainly due to the assault.

Cilliers said he had been told that both Brown's mother and an uncle were bipolar, a condition which was usually genetically inherited and was characterised by swings between elation and depression.

It used to be called manic depression.

If the condition was properly managed with medication, bipolar people could lead absolutely normal lives.

Cilliers said Brown was "bipolar two", which meant his "up" swing was not manic but hypo-manic, a mild form of mania.

This was characterised by lots of energy, "grandiosity", and spending money freely.

The psychiatrist said he had been told by a Fidentia colleague of Brown's that Brown would embark on a grand plan, involving all his staff, then get very depressed, and would stay in bed and not go in to the office.

The bail application continues on Friday.

Brown's attorney Rashad Khan told magistrate Justhree Steyn he was contemplating calling Brown's former attorney William Booth as a witness.

Steyn earlier on Thursday rejected a bid by the State to have Brown sent for 30 days' mental observation, saying it would not be in the interests of justice.

Sapa

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